Indiana DUI Checkpoints Explained
2 Minutes, 17 Seconds
Written By Harold Harper
With the upcoming holidays, you might have some questions about sobriety checkpoints, also known as DUI checkpoints or roadblocks. There is a lot of misinformation about these common traffic stops. Some incorrect information is that you do not have to comply, they are illegal, and you do not have to roll down your window. This is incorrect. It’s important to arm yourself with facts in case you find yourself at a DUI Checkpoint.
- Yes, sobriety checkpoints are 100% legal in Indiana.
- You may be asked to take a chemical sobriety test.
- You are required to take a chemical sobriety test if it’s requested of you.
- The locations are random.
- They are temporary and the duration is to be determined.
- They aren’t tied to any specific time, date, or individual.
- You can check websites like: roadblock.org and duiblock.com. Although these websites shouldn’t be used to drive under the influence.
Drivers are stopped and interviewed during a DUI checkpoint. Any driver that causes suspicion can be subjected to sobriety tests. That is the point of DUI Checkpoints. They are designed to make our roads safer by finding drunk drivers and removing them from the road. Some things police may check during your stop are:
- Your license.
- Your car’s registration.
- If you have any warrants.
- Your vehicle for a weapon.
DUI checkpoints are controversial because some believe that police should have probable cause to stop someone and these stops infringe upon rights of unlawful search and seizure. It’s important know that the Supreme Court decided that the dangers of having inebriated drivers are cause for the exception. However, police are supposed to announce checkpoints in advance. Also, when you travel out of Indiana, different states have different policies for DUI checkpoints.
For Indiana, if you are ever stopped at a DUI checkpoint, there are some practices that are considered illegal.
- Police must have a reason to search your vehicle.
- A police officer can’t detain someone longer than necessary.
- You can’t be forced to take a field sobriety test. (Note: you are required to take chemical tests)
What should you do if you are pulled over and you believe your BAC is above 0.08%? As always, you have the right to remain silent. It’s advisable to comply with this DUI traffic stop, and provide your license, registration, and name.
If you are arrested at a DUI checkpoint, the first thing to do is to call your lawyer at Harper & Harper. We have experience with these cases and can help you navigate the legal process while fighting on your side. 219-762-9538