What are my Rights at Various “Checkpoints”?

01-18-2014 • http://www.lewrockwell.com, Flex Your Rights

In a legal sense, they are not all created equal. So depending on which one you encounter, you’ll want to be prepared to flex your rights appropriately.

DUI Checkpoints

Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.

Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.