The holiday season brings celebrations, parties, and gatherings with family and friends – but it’s also a time when DUI checkpoints are more common on Arizona’s roads. Law enforcement sets up these checkpoints, especially around holidays like Halloween, Christmas, and New Year’s, in an effort to curb impaired driving and keep roads safe. However, for those unfamiliar with their rights or what to expect, these checkpoints can be intimidating.
In this blog, we’ll help you understand how DUI checkpoints work, what to expect if you encounter one, and how to protect your rights during the process. Here’s everything you need to know about holiday DUI checkpoints in Arizona.
What Are DUI Checkpoints?
DUI checkpoints, also known as sobriety checkpoints, are locations where police officers stop vehicles to check drivers for signs of impairment. In Arizona, these checkpoints are often set up in high-traffic areas, near venues with holiday gatherings, or in places where law enforcement anticipates higher-than-normal levels of impaired driving.
These stops are generally brief, allowing officers to make quick observations about drivers’ sobriety. However, if an officer has reason to suspect impairment, they may conduct additional testing.
Are DUI Checkpoints Legal in Arizona?
DUI checkpoints are legal in Arizona. Although the Fourth Amendment protects individuals from unreasonable searches and seizures, the U.S. Supreme Court has ruled that DUI checkpoints are an exception, considering them reasonable due to the government’s interest in reducing drunk driving incidents.
However, Arizona law requires that these checkpoints follow specific guidelines to protect drivers’ rights. These guidelines include:
- Advance Notice: DUI checkpoints must be publicized in advance to alert drivers to their presence.
- Minimal Intrusiveness: Officers should conduct the stop quickly and efficiently, keeping any delay to a minimum.
- Clear Guidelines: Police must follow predetermined guidelines on which vehicles to stop (e.g., every third car) to avoid profiling or arbitrary stops.
If a DUI checkpoint does not follow these rules, any evidence collected might be challenged in court.
What to Expect at a Holiday DUI Checkpoint
If you find yourself approaching a holiday DUI checkpoint, here’s what you can expect:
- Slow Down and Stop – As you approach the checkpoint, you’ll likely see signs and officers directing traffic. Follow their instructions, and be prepared to stop. Police officers may ask for your driver’s license, registration, and proof of insurance.
- Initial Observation – Officers are trained to quickly observe your behavior, noting any signs of impairment, such as bloodshot eyes, slurred speech, or the smell of alcohol. This observation typically lasts only a few moments, but if the officer suspects you’re impaired, they may ask you to pull aside for further questioning.
- Field Sobriety Tests – If the officer believes you may be under the influence, they may ask you to complete a field sobriety test. These tests, which might include standing on one leg, walking in a straight line, or following an object with your eyes, are intended to help the officer assess impairment.
- Breathalyzer Test – If the officer has reasonable suspicion, they may ask you to take a preliminary breath test. Arizona has an implied consent law, meaning if you refuse a breath test, you could face license suspension. However, it’s also possible to challenge the results or the method of administration later if you’re charged with a DUI.
Tips for Navigating a DUI Checkpoint in Arizona
DUI checkpoints can be stressful, but knowing your rights and staying calm can help you handle the situation effectively.
Remember, you have the right to remain silent beyond providing your basic information to the law enforcement officer. If an officer begins asking questions like “Where are you coming from?” or “How much have you had to drink?” you can politely decline to answer. Simply say, “I prefer not to answer any questions.” It’s natural to want to cooperate, but avoid statements that could be used against you later, such as admitting to drinking. Politely declining to answer specific questions can help you avoid self-incrimination.
Moreover, you’re not legally required to submit to field sobriety tests in Arizona, as these tests can be subjective. If asked to perform a field sobriety test, you may politely decline. However, refusing a breathalyzer can result in automatic license suspension due to Arizona’s implied consent law.
Finally, take note of your surroundings. If you believe your rights were violated, take mental notes of the checkpoint setup and the officer’s actions. Details like whether the checkpoint was marked, whether you were stopped briefly or detained, and the officer’s behavior can be helpful if you need to challenge the stop later.
What to Do if You’re Arrested at a DUI Checkpoint
If you are arrested at a DUI checkpoint, remember that you still have rights. Here are some steps to protect yourself:
- Request a Lawyer: You have the right to request an attorney. Contact a DUI defense lawyer as soon as possible for guidance.
- Exercise Your Right to Remain Silent: After an arrest, it’s usually best to avoid answering further questions without legal representation.
- Document Everything: As soon as you can, write down any details you remember about the checkpoint, the officer’s behavior, and any interactions. This information can be helpful for your attorney.
Enter the Holiday Season Prepared. Alatorre Law Is Here To Help You Defend Your Future!
Facing a DUI charge after a checkpoint can be stressful no matter what time of year it is, but you don’t have to navigate it alone. At Alatorre Law, we’re here to safeguard your rights and provide you with the experienced support you need. Our lead attorney, Javier Alatorre, has nearly two decades of DUI defense experience and knows how to prepare a strong defense that gives you the greatest chance at a positive outcome. Mr. Alatorre is also bilingual (Spanish and English) to better serve the Hispanic community.
Contact us today to book your Free Case Evaluation and discuss your case with a skilled Arizona DUI defense lawyer, so we can help you work toward the best possible outcome.
