Can you refuse a DUI checkpoint?
A. Provided the DUI checkpoint is legal, the answer is "no" – you cannot refuse to stop at a Sacramento DUI checkpoint. If you're passing through a checkpoint and an officer stops your vehicle for questioning, you must comply and stop your vehicle. Running through the checkpoint could result in serious penalties.
A. Provided the DUI checkpoint is legal, the answer is "no" – you cannot refuse to stop at a Sacramento DUI checkpoint. If you're passing through a checkpoint and an officer stops your vehicle for questioning, you must comply and stop your vehicle. Running through the checkpoint could result in serious penalties.
How Do DUI Checkpoints Work?If you are driving down the street, you may see a police officer signaling to drivers to pull over to the side of the road. This is likely a DUI checkpoint, and it is used to gauge whether drivers have been drinking.
When you are pulled over at a DUI checkpoint, the officer will ask you to remain in the vehicle. He or she will ask for your license and registration, then may proceed to ask you questions such as whether you have been drinking. If the officer suspects, through your voice or your movements, you are drunk, he or she may then ask you to step out of the car and submit to a field sobriety test.
Field Sobriety TestsThe standard field sobriety test is composed of three parts.
The first part consists of standing on one leg with your arms to the side. You then are instructed to suspend one foot above the ground about six inches.
The second part requires that you walk a straight line, placing one foot directly in front of the other. When you get to the end of the line, you are then instructed to turn around and walk back to the officer in the same manner.
The last test is known as the horizontal gaze nystagmus. This test requires you to follow a moving object with your eyes while keeping your head still.
Although these tests have proven to be fairly accurate at discerning whether someone is impaired, failing these tests does not automatically mean someone is intoxicated. Rather, it simply means he or she is impaired, and impairment can be caused by a variety of factors, including fatigue or illness.
Usually, you may refuse to undergo a field sobriety test unless you are under the age of 21. However, laws vary from state to state so check with a DUI attorney in your area.
When you are pulled over at a DUI checkpoint, the officer will ask you to remain in the vehicle. He or she will ask for your license and registration, then may proceed to ask you questions such as whether you have been drinking. If the officer suspects, through your voice or your movements, you are drunk, he or she may then ask you to step out of the car and submit to a field sobriety test.
Field Sobriety TestsThe standard field sobriety test is composed of three parts.
The first part consists of standing on one leg with your arms to the side. You then are instructed to suspend one foot above the ground about six inches.
The second part requires that you walk a straight line, placing one foot directly in front of the other. When you get to the end of the line, you are then instructed to turn around and walk back to the officer in the same manner.
The last test is known as the horizontal gaze nystagmus. This test requires you to follow a moving object with your eyes while keeping your head still.
Although these tests have proven to be fairly accurate at discerning whether someone is impaired, failing these tests does not automatically mean someone is intoxicated. Rather, it simply means he or she is impaired, and impairment can be caused by a variety of factors, including fatigue or illness.
Usually, you may refuse to undergo a field sobriety test unless you are under the age of 21. However, laws vary from state to state so check with a DUI attorney in your area.