What to Know About DUI Checkpoints in Connecticut

Connecticut law enforcement officers routinely set up DUI checkpoints, also known as “sobriety checkpoints,” to catch impaired drivers. While they are legal under Connecticut and federal law, police sometimes violate a driver’s rights at a DUI checkpoint, which makes understanding your rights essential.

If you were stopped at a DUI checkpoint and charged with DUI, contact The Lebedevitch Law Firm, LLC, immediately to schedule an appointment to discuss the charges against you and begin mounting your legal defense.

What Is a DUI Checkpoint?

A DUI checkpoint, or sobriety checkpoint, is an area where police officers stop drivers to detect impairment. To be lawful, police must publicize the DUI checkpoint, and they must stop every driver or stop drivers in a neutral pattern.

Are DUI Checkpoints Legal in Connecticut?

Yes. DUI checkpoints are lawful in Connecticut. In the 1990s, the United States Supreme Court ruled that DUI checkpoints do not violate the 4th Amendment protection against unreasonable search and seizure. Each state court can decide whether DUI checkpoints are constitutional within its state.

In 1996, the Connecticut Supreme Court ruled that DUI checkpoints are constitutional, so long as they adhere to the following requirements:

• The DUI checkpoint must be in an area with a history of driving infractions and accidents
• It must be on well-traveled roads that would be the route of choice for impaired drivers
• The checkpoint must be visible and clearly marked
• The location of the checkpoint must be approved in advance by a senior government official and announced at least three days prior, online and through social media channels
• Officers must use a neutral, predetermined pattern (such as stopping every vehicle, every third vehicle, every fifth vehicle), rather than using random or selective choices
• A supervisor must be present during the operation

What Happens at a DUI Checkpoint

A DUI checkpoint should be minimally inconvenient. Its purpose is to briefly stop drivers, speak with them, and only detain individuals who show signs of impairment.

DUI checkpoints are common on weekends and holidays, especially Memorial Day, July 4th, Labor Day, Thanksgiving, and New Year’s Eve.

When you approach a DUI checkpoint, you will see signs, lights, and officers directing traffic. If you are selected, you will be asked to stop and present your driver’s license and proof of insurance. Police will be looking for signs of intoxication, such as slurred speech, glassy or bloodshot eyes, the odor of drugs or alcohol, or a driver who fumbles with paperwork.

If police do not observe suspicious behavior, you will be waved past. If the officer suspects you may be under the influence, you will be directed to a secondary screening area where you may be asked to perform field sobriety tests, blow into a Breathalyzer, or undergo a drug recognition evaluation. If the officer believes they have probable cause to believe you are under the influence, you will be arrested and taken into police custody.

Can You Lawfully Avoid a DUI Checkpoint?

Yes. Drivers are allowed to avoid a DUI checkpoint by taking a side street or making a lawful turn. Police cannot stop you simply for avoiding a DUI checkpoint. However, they can stop you for making an illegal maneuver, like a U-turn. Because the police are only stopping every third or fifth car, driving through the checkpoint might be less risky than trying to avoid it.

What Are Your Rights at a DUI Checkpoint?

If you are stopped at a DUI checkpoint, you will likely be asked to provide your driver’s license and proof of insurance. You have the right to remain silent, although politely answering the officer’s questions without providing additional information is less likely to raise suspicion. You also have the right to consult with an attorney before answering any questions.

You have the right to refuse a search of your vehicle, and to refuse Field Sobriety Tests and the preliminary field Breathalyzer test. However, if you are arrested, Connecticut’s implied consent law applies and you face an automatic one-year driver’s license suspension if you refuse the test.

How a Connecticut DUI Defense Attorney Can Help

If you were charged with DUI in Connecticut, you need experienced, aggressive legal representation. Stephen Lebedevitch has years of experience defending individuals charged with DUI and other crimes. He will carefully evaluate the state’s evidence and the charges against you and mount a vigorous defense.

Contact The Lebedevitch Law Firm Today

The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents people charged with DUI in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.

Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.