What to Do if You Encounter a DUI Checkpoint and You’re Under the Influence

Driving under the influence (DUI) checkpoints are a reality in San Antonio, TX, and they serve a crucial role in the law enforcement agencies’ efforts to curb drunk driving. If you’ve had a drink, it’s essential to know your rights and ensure your own safety. This post from the Law Offices of Gary Churak aims to walk you through what to do if you find yourself approaching a DUI checkpoint under the influence.

Understanding Your Rights at a DUI Checkpoint

First and foremost, it’s crucial to recognize that you have rights when stopped at a DUI checkpoint. Law enforcement must adhere to strict guidelines when conducting these stops, failing which, any evidence collected could be deemed inadmissible. In San Antonio, as elsewhere, you have the right to remain silent and the right to legal representation. You’re not obligated to answer incriminating questions without a lawyer present.

Navigating the Stop with Compliance and Caution

Upon approaching a checkpoint, reduce your speed and follow any directed paths or instructions from law enforcement officers. Have your driver’s license and proof of insurance ready to present. This minimizes the time you interact with the officer and reduces the chances of arousing suspicion. It’s crucial, however, not to volunteer information about your drinking or whereabouts prior to the stop. Politely decline to answer any questions regarding your alcohol consumption.

The Decision to Undergo Field Sobriety and Breathalyzer Tests

Texas law doesn’t obligate you to consent to field sobriety tests or a handheld breathalyzer test at a checkpoint. While refusal may lead to further legal actions, such as arrest or license suspension, it removes a potentially damning piece of evidence against you. It’s a personal decision that should be made considering the potential outcomes.

The Critical Role of Legal Representation

If stopped at a DUI checkpoint in San Antonio, seeking legal representation should be a priority. An attorney specializing in DUI defense in Texas can provide crucial guidance and may be able to challenge the legality of the stop, the administration of tests, or the handling of your rights during the process.

Consent and Searches at Checkpoints

Remember, the officer can ask for permission to search your vehicle, but you have the right to refuse. Unless they have probable cause, such as visible open containers or evidence of drug use, they cannot search your vehicle without consent. Clearly stating your refusal is within your rights and can protect you from a potentially unwarranted search.

As you will need legal representation to protect yourself from incrimination during a DUI case, you’ll need the best you can get. The Law Offices of Gary Churak is always here to help with professional legal advice. Call (210) 545-3850 or fill out this contact form to get an estimate.