Holcomb & Hyde LLC
What Are Your Rights at A DUI Checkpoint?
There is a chance that you’ll encounter a DUI, drug or another type of police checkpoint while traveling through Ohio. As a general rule, officers are allowed to conduct traffic stops at these locations. However, it is important to remember your right to remain silent as well as the right to refuse to allow authorities to search your vehicle.
Don’t Attempt to Evade a Checkpoint
In most cases, officers closely monitor the areas around a DUI, drug or another type of checkpoint. Therefore, they will know if you are attempting to avoid it, which may result in a traffic stop by authorities who are curious to know what you may be trying to hide. Furthermore, it is generally not in your best interest to throw alcohol, drugs or other contraband out of a vehicle before approaching a police roadblock.
When Are Officers Allowed to Search Your Vehicle?
An officer is allowed to search your vehicle if there is probable cause to do so. For instance, if the police spot an open can of beer on your lap, authorities now have reason to suspect that you have committed a crime. A search is also permissible if you give an officer permission to do so. If you don’t give consent, a judge may sign a warrant giving authorities the right to look through your car.
If you are charged with DUI, you may want to hire an attorney who can help guide you through the legal process. A legal professional may be able to get a charge dismissed or reduced by casting doubt on the validity of a traffic stop. A lawyer may also cast doubt on other evidence, such as the results of a Breathalyzer, blood or urine test.