DUI Checkpoints: What to Expect?
DUI checkpoints are routinely put up by Nevada law enforcement during holidays and events where heavy drinking is expected. There is no discrimination because The police check every car that comes through the checkpoint. According to Nevada law 484B.570, DUI checkpoints are a lawful activity as long as the police follow all the rules and guidelines.
DUI checkpoints must be visible from at least 100 yards in either direction. The stop sign itself must be visible from at least 50 yards away from the roadblock. Additionally, an illuminated “police stop” warning sign must be visible to oncoming traffic one-quarter mile from the entrance, 700 feet in rural areas.
Once you come to a complete stop, the first thing the police want to see is your driver’s license, registration, and insurance. They will then ask a few questions. They are looking for any signs of intoxication like slurred speech or the smell of alcohol. It’s pretty obvious that the police are looking for intoxicated drivers. However, they are also looking for open containers, drugs, or any other illegal contraband that is visible through the windows. If you have aroused the police’s suspicion of a crime, then you will be asked to pull over to another area where the police will request you perform a field sobriety test and a preliminary breath alcohol test.
What are my rights at DUI Checkpoints?
Just like with any other interaction with the police, you do have rights once you are stopped at a DUI checkpoint. You as the driver must present all the documentation requested by the police. However, you do not have to answer any of their questions. Under the protection of the Fifth Amendment, you have the right to refuse to answer questions on the grounds of self-incrimination.
You also have the right to avoid the roadblock, but you must turn out of the line lawfully. You can’t break any traffic violations to get out of line. If there is a legal left or right turn, you can use it to avoid the checkpoint. You do not have the right to engage in an illegal U-turn to avoid the checkpoint. If you do use a U-turn, then that is a signal to the police that you may be potentially intoxicated and wanting to avoid contact. They will likely come after you.
You can not drive through the checkpoint without stopping. According to Nevada law 484B.580, if you don’t stop for a DUI checkpoint and no one gets hurt and/or less than $1,000 of property damage occurs then you will be charged with a gross misdemeanor which carries up to a year in county jail and/or a $2,000 fine. If someone is injured or you do cause over $1,000 of damage, then it is considered a class B felony and you can serve up to six years in jail.
Jesse Kalter Has the Knowledge and Experience to Challenge a DUI Checkpoint Arrest
There are several rules, regulation, and processes that the police must abide by in order to make a legal arrest at a DUI checkpoint. There are also several steps involved when processing blood alcohol tests and field sobriety tests. If any of these steps are not followed exactly, then the state of Nevada may not have a solid case against you. Jesse Kalter has an in-depth and acute understanding of DUI law in Nevada. His tenacious pursuit of justice has earned his clients countless not-guilty verdicts and dismissals. If you or someone you know has been arrested at a DUI checkpoint in Nevada, contact Jesse Kalter Law, P.C. to find out the next step you should take. Jesse Kalter Law, P.C. is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.
Fighting a DUI Checkpoint Arrest Takes an Experienced DUI Lawyer
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