Have you been stopped by police officers at a DUI checkpoint in Pennsylvania and asked if you’ve consumed alcohol before driving? These checkpoints are often questionable, but they are legal under strict circumstances in Pennsylvania. A sobriety checkpoint is a predetermined location where law enforcement officers stop vehicles to check for impaired drivers, ensuring compliance with DUI laws. Police officers must remain stationary at a distinct checkpoint location for several hours while conducting DUI stops. While police do not need reasonable suspicion to stop your vehicle at a checkpoint, they must follow the set rules for stopping drivers who travel through the checkpoint.
Saint Patrick’s Day is one of the most favored days of the year for law enforcement to set up DUI checkpoints in Pennsylvania. If you’ve been arrested for driving under the influence, contact the DUI defense lawyers at Rubin, Glickman, Steinberg & Gifford today for help.
How Do DUI Checkpoints Operate in Pennsylvania?
DUI checkpoints require stringent standards to be lawful in Pennsylvania. Law enforcement officers are responsible for conducting these checkpoints and ensuring compliance with legal standards. Some of the rules surrounding DUI checkpoints include:
- They must be planned by police administrators and not by officers.
- They must be advertised in the media with signs near the location.
- Police administrators must set objective criteria to decide which drivers to stop.
For example, if police administrators decide officers will stop every eighth vehicle, officers must abide by that guideline.
If your vehicle is the eighth one to pass through the checkpoint, an officer will approach your car and ask whether you’ve been drinking. If you acknowledge you have or if your conduct leads the officer to suspect you’re driving under the influence of drugs or alcohol, they’ll request that you move forward to the second area of the checkpoint. At that point, they’ll ask you to submit to field sobriety tests.
Can I Refuse Field Sobriety Tests at a DUI Checkpoint?
Whether at a DUI checkpoint or traffic stop, you have the right to refuse field sobriety tests along with preliminary roadside breath tests according to Pennsylvania law. Additionally, you are not legally required to answer any of the officer’s questions at the DUI checkpoint other than providing your:
- Name
- Driver’s license
- Vehicle registration
- Insurance
It is crucial to present your driver’s license when requested by law enforcement to avoid potential legal consequences.
If you’re asked any other questions, you can respectfully decline to answer. Outside of the required identifying information, you should have your attorney by your side before answering any further questions the police may ask.
Remember, the prosecution can use anything you say against you if you’re arrested and face criminal charges. In that case, you’ll be required to submit to a post-arrest breath or blood test, which, unlike the roadside breath test and field sobriety tests, you cannot refuse. If you do, you’ll face several penalties, including an automatic driver’s license suspension.
Your Rights at a DUI Checkpoint
If you find yourself stopped at a DUI checkpoint, it’s crucial to understand your rights. You have the right to remain silent and are not obligated to answer any questions beyond providing your name, driver’s license, vehicle registration, and proof of insurance. Additionally, you have the right to refuse field sobriety tests and the preliminary breath test (PBT). However, it’s important to note that if you are arrested for suspected DUI, you cannot refuse breath testing at the police station. Knowing your rights can help you navigate the situation more confidently and protect yourself from potential legal issues.
How to Handle a DUI Checkpoint Stop
If you are directed to pull over at a DUI checkpoint, follow these steps to handle the situation smoothly:
- Pull over safely and turn off your engine.
- Keep your hands visible and avoid making any sudden movements.
- Provide your driver’s license, vehicle registration, and proof of insurance when requested by the police officer.
- Politely decline to answer any questions beyond providing your name and basic information.
- If you choose to do so, refuse field sobriety tests and the preliminary breath test (PBT).
- If you are arrested, request to speak with an attorney as soon as possible.
By following these steps, you can ensure that you are complying with the law while also protecting your rights.
Are DUI Checkpoints Legal in Pennsylvania?
DUI checkpoints are legal in Pennsylvania under 75 Pa. C.S. § 6308(b). According to this law, police officers are permitted to stop drivers when they have reasonable suspicion to believe they’ve violated a law or during a systematic program, such as a stop at a DUI checkpoint.
The words “systematic program” have been understood as giving legal power to set up DUI checkpoints in Pennsylvania when the required guidelines are followed. The legality of these checkpoints has been upheld by rulings from the Supreme Court. However, it’s important to note that the burden of proof lies with the prosecution to demonstrate that law enforcement conducted a DUI checkpoint legitimately should the stop be contested.
Understanding DUI Checkpoints
DUI checkpoints, also known as sobriety checkpoints or roadblocks, are a common tool used by law enforcement agencies in Pennsylvania to detect and deter drunk driving. At these checkpoints, police officers stop vehicles either randomly or systematically to check for signs of intoxication. The primary goal of a DUI checkpoint is to promote public safety by reducing the number of alcohol-related crashes and fatalities. By conducting these checkpoints, law enforcement aims to catch drunk drivers before they cause harm, thereby enhancing the overall safety of the community.
What Standards Make a DUI Checkpoint Legal in Pennsylvania?
If you’re arrested at a DUI checkpoint in Pennsylvania and argue that it was not lawful, the courts will consider how invasive the stop was and whether law enforcement followed specific procedures in a non-discriminatory manner.
If a DUI checkpoint did not fully abide by the set standards, an experienced DUI defense lawyer would submit a petition to suppress all evidence derived from that stop. A DUI checkpoint can initiate a DUI investigation if there is suspicion of intoxication. To establish whether the checkpoint was legitimate, your attorney may evaluate the following considerations:
- How long you were stopped at the DUI checkpoint
- Whether police administrators or officers set up the DUI checkpoint
- Whether the DUI checkpoint was appropriately advertised to the public
- Documents and data used to organize the DUI checkpoint and its site
- Whether there was prior administrative approval for the DUI checkpoint
- Whether officers abided by the objective criteria establishing which drivers to stop
- Names and employment associations of all of the officers who took part in the DUI checkpoint
After your defense lawyer has an opportunity to assess this information, they’ll be able to offer you sound guidance on how to move forward with your case.
Challenging a DUI Checkpoint Stop
If you are charged with DUI after being stopped at a checkpoint, it is essential to challenge the legality of the checkpoint. A skilled DUI defense attorney can help assess the validity of the checkpoint and argue your case in court. To challenge a DUI checkpoint stop, your attorney will examine several factors, including:
- Whether the checkpoint was authorized by a high-level government official.
- Whether the checkpoint was implemented pursuant to a neutral and objective plan.
- Whether the checkpoint was conducted in a minimally intrusive manner.
- Whether the police officers followed the required procedures for conducting a DUI checkpoint.
By scrutinizing these factors, your attorney may be able to suppress evidence obtained during the stop, which could lead to a dismissal of the charges or a reduction in penalties. Challenging the legality of the checkpoint is a critical step in defending against DUI charges and protecting your rights.
Arrested at a DUI Checkpoint in Pennsylvania? Get Help from an Experienced DUI Defense Attorney!
If you are celebrating Saint Patrick’s Day in Pennsylvania this March, make sure you plan to have a designated driver so you can safely celebrate without worrying about DUI checkpoints. If you’ve been arrested after being stopped at a DUI checkpoint, you may still have legal recourse! A DUI conviction can have serious consequences, including potential jail time, fines, and probation. Get in touch with a skilled Montgomery County DUI defense lawyer at Rubin, Glickman, Steinberg & Gifford today!
For over 65 years, our DUI defense attorneys have passionately advocated for our clients’ rights and freedoms across Southeast Pennsylvania. We can help establish whether the DUI checkpoint was carried out legally and defend your rights. To speak with a skilled DUI defense attorney over a free case review, complete our contact form or call (215) 822-7575 today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 8, 2025
