What Can I Expect from a DUI Checkpoint on New Year’s?

A DUI checkpoint, otherwise known as a sobriety checkpoint, is a location where local law enforcement officers stop vehicles to check for drivers who are impaired by drugs or alcohol. Legally, they must serve a legitimate purpose, not just to maximize the amount of DUI arrests. Therefore, more may pop up around the New Year’s holiday since this is a common time for people to go to parties and consume alcohol or partake in drugs. With that being said, please read on to discover what to expect when entering a DUI checkpoint on New Year’s and how one of the seasoned Clarksville DUI lawyers at Fendley and Etson can help if yours does not go as planned.

What should I expect when entering a DUI checkpoint on New Year’s?

In the distance, you may see an area filled with signs, cones, and lights, indicating that you are quickly approaching a DUI checkpoint. Upon arrival, a law enforcement officer may direct you where to safely pull over. Here, they may ask for your driver’s license, vehicle registration, and proof of auto insurance.

While this stop must not be unreasonably prolonged, a law enforcement officer may request that you step out of your vehicle and participate in field sobriety tests. They may follow up with a breathalyzer test if they have further grounds to believe you are under the influence of drugs and alcohol.

With this, you should know that field sobriety tests are voluntary and you retain the constitutional right to refuse them. However, there may be civil consequences to this later on. On the other hand, you cannot refuse a breathalyzer test in the state of Tennessee if an officer has probable cause to believe you are intoxicated.

What happens if I’m suspected of drunk driving at a DUI checkpoint?

Ultimately, if a breathalyzer test detects that your blood-alcohol content (BAC) level is above the legal limit of 0.08 percent, a law enforcement officer may arrest you at the DUI checkpoint. From here, you may have to appear in front of a Tennessee criminal court to defend your case. If the court rules you guilty of a DUI offense, you may face any culmination of the following penalties:

• For a first-offense DUI at a sobriety checkpoint:
  • Jail time between 48 hours to 11 months and 29 days.
  • Fines between $350 to $1,5000.
  • Driver’s license suspension for one year.
  • Mandatory attendance at an alcohol and drug treatment program.
• For a second-offense DUI at a sobriety checkpoint:
  • Jail time between 45 days to 11 months and 29 days.
  • Fines between $600 to $3,500.
  • Driver’s license suspension for two years.
  • Mandatory attendance at an alcohol and drug treatment program.
• For a third-offense DUI at a sobriety checkpoint:
  • Jail time between 120 days to 11 months and 29 days.
  • Fines between $1,100 to $10,000.
  • Driver’s license suspension for six years.
  • Mandatory attendance at an alcohol and drug treatment program.

In conclusion, there is a lot to consider before entering your upcoming criminal court proceedings. To help you make the right considerations, please consult with one of the competent Montgomery County criminal defense lawyers. Our team at Fendley and Etson will guide you toward the best decision.