DUI checkpoints help police officers enforce DUI laws by letting them gather evidence and make arrests. However, the authority of law enforcement is not unlimited in a DUI checkpoint situation. For instance, a valid DUI checkpoint must be planned in advance, with a specific start time and end time. If officers exceed the scope of the checkpoint, a resulting arrest may be invalid. In this video, Virginia Beach criminal defense attorney Daniel J. Miller of The Law Offices of Daniel J. Miller answers questions about your rights during a DUI checkpoint. DUI checkpoints involve questions regarding a person’s Fifth Amendment right against self-incrimination. This means that a person may not be compelled by a law enforcement officer to volunteer incriminating evidence against themselves. Specifically, a person may refuse a field sobriety test, but does not have the right not to comply when an officer asks for their driver’s license or vehicle registration. During a checkpoint, if law enforcement has probable cause that someone is drunk driving, they can make a valid arrest. Evidence supporting a DUI arrest depends on the totality of the circumstances. For example, Virginia courts have held that avoiding a checkpoint may be considered as reasonable suspicion of criminal activity. However, nervousness alone is insufficient evidence for the police to make a DUI arrest. It is important to understand the law and your legal rights when it comes to law enforcement procedures in Virginia. If you are looking for an experienced attorney to represent you regarding a criminal defense matter, you should reach out to The Law Offices of Daniel J. Miller for advice. Please schedule an initial consultation about your case by calling us at {F:P:Sub:Phone} or contacting us online today.
