DUI checkpoints are used by law enforcement to deter driving under the influence of alcohol or drugs and to identify and apprehend drivers who do so. In Indiana, such checkpoints are more common during summer months and holidays, when impaired driving is more likely.
Although random traffic stops are generally unconstitutional, the U.S. Supreme Court, in Michigan Dept. of State Police v. Sitz (1990), held that DUI checkpoints do not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures as long as they are carried out in a manner that minimizes intrusiveness and that does not evince bias. The basic requirements for a legal checkpoint are:
- Publicity in advance — Indiana law enforcement agencies are required to announce the location and time of DUI checkpoints before they go into operation. This advance notice can be disseminated through local media outlets, social media or the police department’s website.
- Neutral criteria — The selection of vehicles to be stopped must not be arbitrary. Police must use a neutral formula, such as stopping every third or fifth vehicle. This ensures that the process is impartial and reduces the risk of claims of discrimination or profiling.
- Safety measures — Checkpoints must be conducted using proper lighting, adequate signage indicating their presence and cones or barriers to guide traffic.
- Duration and time — The timing and duration should balance the need for effective enforcement with the minimization of delays and inconvenience to the public.
- Supervisory oversight — The checkpoint must be planned and overseen by supervisory law enforcement personnel, rather than officers in the field, to ensure that they are conducted in accordance with legal standards and department policies.
When you encounter a DUI checkpoint in Indiana, you have certain rights, namely:
- Avoiding the checkpoint — You have the right to turn around prior to the checkpoint, provided you do so legally and without committing any traffic violations. However, police may monitor such actions closely and can stop you if they observe a violation or suspicious behavior.
- Remaining silent — You are not required to answer questions about where you have been, where you are going, or whether you have been drinking. However, you are required to provide your driver’s license, registration and proof of insurance.
- Refusing field sobriety tests — You have the right to refuse field sobriety tests and portable breath tests. However, under Indiana’s implied consent law, if you are arrested by an officer who has probable cause to believe you have been driving under the influence, you must submit to a chemical test. Refusal to do so can result in license suspension.
Understanding these aspects of DUI checkpoints in Indiana can help you navigate these encounters more confidently and assert your rights effectively. If you are charged with DUI after a stop at a checkpoint, an experienced Indiana DUI attorney can take affirmative steps to defend you, including challenging the propriety of the checkpoint itself.
The Law Offices of Ryan E. Lackey in Fort Wayne can devise a strong defense against Indiana DUI charges, aimed at preserving your rights and keeping you on the road. For a free consultation and cost-effective representation, please contact us online or call us at 260-222-7364.
