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Alabama's law enforcement uses DUI checkpoints to maintain the safety of the roads, ensuring that people aren’t driving while under the influence and reducing the risk of injury. However, for those who aren’t sure what to expect, approaching such a stop can feel a little unnerving. Put your mind at ease by learning your rights and how they apply at a DUI checkpoint.

Should You Come to a Complete Stop?

Officers will need to check your license plates and tags, so waiting patiently in line and coming to a complete stop is usually the best approach. Have your license and ID ready in case they come to the window for further inspection. 

Full cooperation gives them no reason to question your sobriety and allows the process to complete in a timely manner. While you could attempt to turn around and go another way before reaching the checkpoint, it does produce a sense of suspicion and might cause the officers to give chase.

Is a Full Vehicle Search Permitted?

DUI

Unless there’s clear evidence that you’re driving while under the influence, officers have no right to search the entire vehicle unless the driver gives permission. They can look through the windows and make a note of items that are in plain sight, but that’s the only information they can include in their report. 

If something gives them reason to believe you’re a risk to other drivers, such as alcohol on your breath or open bottles in the cup holders, this constitutes an adequate amount of evidence for extending their search.

Are Field Sobriety Tests Voluntary?

Officers can’t require a field sobriety test without probable cause. While they may ask you to take one in order to complete the process, it’s not usually mandatory. However, since Alabama is an implied consent state, a breathalyzer test can't be refused by the driver.

If you're considering refusal of a field sobriety test, ask why they're requesting it. They might have evidence that necessitates further investigation, and showing any signs of resistance could jeopardize your driving privileges. 

 

With more than 20 years of combined experience, JP Coleman Law, LLC, Attorneys at Law of Robertsdale, AL, understands the intricacies of DUI charges. Their lawyers keep up-to-date on both state and federal laws and maintain a high level of communication with their clients, providing the personalized attention that each case deserves. Learn more about all that these attorneys have to offer by visiting their website. Call (251) 947-64247 to set up a free consultation.  

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