In previous years, 37 states plus the District of Columbia reported conducting sobriety checkpoints at least once or twice a year, while only 11 conducted them weekly, says ScienceDirect. A meta-analysis of past data indicates that sobriety checkpoints can reduce alcohol-related crashes by at least 17% and all crashes by 10–15%.
It has been proven that sobriety checkpoints increase safety for drivers on the road. The sobriety checkpoints in Sacramento do the same. The authority in the state looks out for drivers under the influence as they conduct DUI checkpoints within the city.
Still, some might question if the police authority is not overstepping on the rights of individuals during such stops.
What exactly do you say or do when confronted by the police? Let’s learn about your legal rights below!
Understanding Sobriety Checkpoints
If you come into a checkpoint due to sobriety, it is essential to know what’s going on. A checkpoint is a precaution set out by law enforcement to keep roads safe. Their primary purpose is to detect the use of substances by drivers and encourage responsible drinking.
You may be anxious, but remember that the reason is the same for all of you: the community’s safety.
You can easily notice the police controlling traffic as you approach the checkpoint. It’s a common procedure, and being composed can not only help you but also everyone else. The officer will get out and inspect your vehicle for signs of impairment.
It’s not really about you; it is also about protecting your friends, family, and other road users. Knowing these facts may reduce the extremely solitary feeling in the process.
Your Legal Rights at a Checkpoint
The law permits sobriety checkpoints, but it is not without rules that can protect your rights. To start with, it is your right not to speak. Personal questions like where you’ve been or how much you’ve drunk are not part of the procedure. You can choose not to answer them.
You also have the right to refuse a field sobriety test. But be reminded that doing this can only escalate the questioning process. Most importantly, you should never be obliged to show your ID unless there is a reasonable suspicion. If you think that your rights are being violated, it is perfectly fine to quietly indicate your issue.
Knowing your rights of protection adds to your feeling of safety in such situations. Remember, you are not alone; others concerned like you have faced the same with much courage.
What to Expect During a Stop
Understanding your rights is just the base; knowing what will happen during a sobriety checkpoint can reduce your anxiety. As you approach the checkpoint, an array of police cars and signs might greet your eyes.
The officer will ask to see your driver’s license and registration documents when they call you. Often, the officer will inquire whether you have actually consumed intoxicating liquor or not. Be calm and polite, as a little courtesy gets you very far in life.
Most of the time, that is all there is to it; such a stop just lasts a few minutes. However, the officer may ask you out of the car for a different kind of much more detailed investigation if he suspects you might not be sober. According to DWI Lawyer Kevin Harris, an officer may also request that a driver blow into a portable breath test machine. The results of a portable breath test are often found to be unreliable and inadmissible in court so you need not worry too much.
Being nervous is natural, but being aware of what is going on will assist you greatly.
How to Interact With Law Enforcement
Seeing a sobriety checkpoint always accompanies tension and slight anxiety; these anxiety levels, however, stretch down tremendously through observation of handling the police correctly. Try to remain calm and just cool.
Let the glass down all the way in order to smile a polite greeting to the officer. Be polite, and a simple “Hello” or “How are you?” will set the best kind of ambience. Keep your hands visible on the steering wheel and avoid making sudden movements. If asked for your license or registration, describe to the officer where you will be taking off the documents; should you not understand, ask for clarification.
It is always much better when a person can cooperate with a good demeanor—the better way for this feeling to become part of a community and ease the tension from the experience.
Consequences of Refusing a Sobriety Test
Cooperation with the law enforcement officials during a sobriety checkpoint is supposed to be of utmost importance, but somehow the question arises as to what will happen if the person refuses to take the sobriety test. Any refusal usually leads to immediate consequences.
Most states treat refusal as grounds for an automatic license suspension ranging anywhere from some months to years. Refusal may be held against you as indicative of guilt, which might mean more serious charges down the road.
An arrest might even be initiated solely upon your refusal. These consequences are important when trying to make an informed choice.
A better understanding of your rights fosters a sense of belonging and strength at such difficult times.
