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What are your rights at a DUI checkpoint?

On Behalf of | Sep 17, 2021 | Blog, Dwi/dui

The police have the right to stop you at a Los Angeles DUI checkpoint. It is important to know what you should and should not do when you get stopped. This article outlines your rights under DUI law to help you stay prepared for any DUI checkpoint detainment.

You have the right to remain silent

You have the right to remain silent when you’re stopped at a DUI checkpoint. You do not need to answer any questions asked by law enforcement officers, including your name or address. It is important that you only provide them with this information if it is essential for their investigation, such as being unable to produce valid identification.

Under criminal law, you cannot get punished for remaining silent, even if you are unable to produce valid identification. The police can legally request you provide this information without violating your rights by using the implied consent law in your state.

You have the right to refuse a vehicle search

You do not need to consent to a vehicle search if you’re stopped at a DUI checkpoint. However, you should be aware that you can get detained for refusing to consent. The officer will need probable cause or reasonable suspicion that you are committing a crime before they search your car without permission.

The police may use the implied consent law in order to conduct an involuntary vehicle search if you refuse their request. However, this is only legal when you are lawfully detained or you have previously consented to a search.

You have the right to call a lawyer at the checkpoint

You have the right to call a lawyer when you are stopped at a DUI checkpoint. You may feel more comfortable speaking with an attorney before you continue your encounter with law enforcement officers.

If you wish to speak with an attorney about your rights after getting detained by the police you can call one on your cell phone. To do so, you must be able to privately talk with the attorney and it must not interfere with law enforcement officers’ investigation of you.

Getting detained at a DUI checkpoint can be a difficult experience. However, you should know your rights when you’re stopped by law enforcement officers at these checkpoints in order to make this process easier for yourself.