Are sobriety checkpoints legal? 

On Behalf of | May 7, 2022 | Drunk Driving Defense

Warmer weather is on the way, and that means people will be out celebrating at weddings, parties, and summer festivals. Alcohol tends to flow freely at these events, and if you partake, you’d be wise to hand the keys over to someone who is sober.

In an effort to keep the roads safe from drunk or impaired drivers, Connecticut State Troopers will periodically set up sobriety checkpoints on the roads. While some may feel that these checkpoints are a violation of their Fourth Amendment rights, the Connecticut Appellate Court long ago declared that they are, in fact, legal.

Do I have to comply at a sobriety checkpoint?

If you see a DUI checkpoint up ahead in time, you are allowed to turn off or turn around to avoid it, provided that it is safe to do so and you do not violate any laws in the process. Be aware the police may consider this suspicious and may look for some other reason to stop you.

Once at the checkpoint you have to right to remain silent and not answer any questions. It avoids you having to give potentially incriminating answers to questions such as “Have you been drinking?” That said you may prefer to give simple answers.

If the police suspect that you have been drinking, or if you tell them you have, they will ask you to pull over. Then, they will administer a test. If you fail the test, you will be arrested.

If you are stopped at a sobriety checkpoint and end up being arrested, contact an experienced legal guide as soon as possible. Even if you test positive there are often ways to beat the charge.

 

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