New Year’s Eve celebrations across Pennsylvania inevitably lead to a surge in law enforcement DUI checkpoint activity throughout January and February. Police departments coordinated dozens of sobriety checkpoints during the first weeks of 2026, continuing their post-holiday enforcement efforts to identify and arrest impaired drivers who continue to celebrate long after the ball drops.
At Rubin, Glickman, Steinberg & Gifford, we understand the serious consequences Pennsylvania drivers face when encountering these checkpoints. With over 65 years of combined legal experience and recognition as a Best Law Firm by U.S. News & World Report since 2010, our criminal defense lawyers have successfully defended countless clients against DUI charges stemming from post-holiday checkpoint stops in Montgomery and Bucks counties. If you have been stopped at a checkpoint and charged with DUI, understanding your rights and the legal landscape is essential to protecting your future.
Why Post-Holiday Checkpoints Increase in Pennsylvania
Law enforcement agencies across Pennsylvania intensify DUI enforcement efforts following major holidays, particularly New Year’s Eve and Day. According to data from the National Highway Traffic Safety Administration, the period between Christmas and New Year’s Day consistently sees some of the highest rates of alcohol-impaired driving fatalities nationwide. Pennsylvania police departments respond by establishing multiple checkpoints throughout January, targeting areas with higher concentrations of bars, restaurants, and entertainment venues.
These checkpoints are not random. Police departments typically announce checkpoint locations in advance through press releases and social media, satisfying legal requirements while still deterring impaired driving. However, many drivers remain unaware of their rights when approaching these stops or how officers evaluate potential impairment.
How Pennsylvania DUI Checkpoints Operate
Pennsylvania law permits DUI checkpoints provided they meet specific constitutional requirements. Officers must follow predetermined patterns when stopping vehicles, cannot selectively choose which cars to stop based on driver appearance, and must conduct stops in a manner that minimizes inconvenience to motorists. When you encounter a DUI checkpoint, officers will typically ask for your license and registration while observing signs of impairment.
What Officers Look For
During the initial contact at a checkpoint, officers assess several factors that might indicate impairment:
- Physical signs: Officers observe bloodshot or glassy eyes, flushed face, and the smell of alcohol. These observations alone cannot establish impairment but provide officers with justification to continue their investigation.
- Speech patterns: Slurred speech, difficulty communicating, or confused responses to simple questions raise suspicion of intoxication.
- Behavior indicators: Fumbling with documents, dropping items, or exhibiting nervous behavior may prompt officers to request you exit your vehicle for further evaluation.
If officers suspect impairment based on these initial observations, they will likely ask you to perform field sobriety tests or submit to a preliminary breath test.
Your Rights at Pennsylvania Checkpoints
Understanding your legal rights at DUI checkpoints can significantly impact the outcome of your encounter. You must provide your driver’s license, vehicle registration, and proof of insurance when requested. However, Pennsylvania law does not require you to answer questions about where you have been, whether you have been drinking, or other potentially incriminating inquiries.
You have the right to decline field sobriety tests, though officers may interpret refusal as consciousness of guilt. Pennsylvania’s implied consent law requires licensed drivers to submit to chemical testing when arrested for DUI, but this applies after arrest, not during the initial checkpoint stop. Refusing a preliminary breath test at the checkpoint carries different consequences than refusing chemical testing at the police station after arrest.
We advise clients to be courteous and cooperative regarding document production while exercising their right to remain silent regarding potentially incriminating questions. Politeness does not equate to waiving your constitutional protections.
Challenging DUI Charges From Checkpoint Stops
If you face DUI charges following a checkpoint stop, several potential defenses may apply to your case. Checkpoint procedures must strictly comply with constitutional requirements, and any deviation can result in suppression of evidence obtained during the stop. Our DUI lawyers thoroughly examine checkpoint operations, including whether police followed proper procedures, whether the checkpoint location was appropriate, and whether officers had legitimate reasons to extend your detention beyond the initial stop.
Field sobriety tests are notoriously unreliable, with numerous factors affecting performance unrelated to alcohol consumption. Medical conditions, fatigue, nervousness, uneven road surfaces, and poor weather conditions can all cause sober individuals to fail these tests. Chemical test results can also be challenged based on improper calibration, administration errors, or physiological factors affecting accuracy.
Contact Our Pennsylvania DUI Defense Team
Post-holiday DUI checkpoints will continue operating throughout January and into February as law enforcement maintains heightened enforcement efforts. If you have been arrested at a checkpoint, time is critical to building an effective defense. Marc Robert Steinberg, Gregory Gifford and Matthew Wilkov have been named Pennsylvania Super Lawyers, demonstrating the high level of skill we bring to every case we handle from our offices in Newtown and Colmar.
We provide personalized attention to every client, analyzing every aspect of your checkpoint stop and arrest to identify weaknesses in the prosecution’s case. Do not face these serious charges alone. Contact our firm today for a free initial consultation to discuss your case and learn how we can protect your rights, driving privileges, and freedom.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
February 10, 2026
