The Intricacies of DUI Checkpoints in Kansas: Know Your Rights
Drunk driving is a major factor in accidents on the road in Kansas, and one of the tactics that the officers of the highway patrol and other police forces use is DUI checkpoints. At Billam & Henderson, LLC, in Lenexa, KS, we think that the clearer you are on your rights before you even need a DUI defense lawyer, the better.
The Intricacies of DUI Checkpoints in Kansas: A DUI Defense Lawyer Says Know Your Rights
In Kansas, DWI (Driving While Intoxicated) checkpoints, also known as sobriety checkpoints or DUI (Driving Under the Influence) checkpoints, are legal and occasionally conducted by law enforcement agencies to deter impaired driving and ensure road safety.
How Do DUI Checkpoints Work in Lenexa, KS?
Location Selection
Law enforcement agencies select a location for the DWI checkpoint based on factors such as traffic flow, historical data on impaired driving incidents, and public safety considerations.
Announcement
In some cases, authorities may announce the location and timing of the DWI checkpoint in advance to serve as a deterrent to impaired drivers. However, advance notice is not always provided.
Setup
Officers set up the DWI checkpoint at the selected location, usually on a roadway where vehicles can be easily directed into a designated area. Signs and cones may be used to indicate the presence of the checkpoint.
Stopping Vehicles
As vehicles approach the checkpoint, law enforcement officers signal drivers to pull over or enter the designated area. Typically, every vehicle passing through the checkpoint is stopped, although sometimes officers stop every other vehicle.
Brief Interview
At the checkpoint, drivers are briefly interviewed by law enforcement officers. Officers may ask for identification, vehicle registration, and proof of insurance. They may also observe the driver for signs of impairment, such as slurred speech or the odor of alcohol.
Field Sobriety Tests
If officers have reasonable suspicion that a driver may be impaired, they may ask the driver to perform field sobriety tests, such as the walk-and-turn or one-leg stand tests. These tests help officers assess the driver’s coordination and balance.
Breathalyzer Test
If a driver fails the field sobriety tests or exhibits signs of impairment, officers may request a breathalyzer test to measure the driver’s blood alcohol concentration (BAC). Refusal to take the breathalyzer test can result in administrative penalties, such as license suspension.
Enforcement Action
Depending on the results of the field sobriety tests and breathalyzer test, officers may take enforcement action against impaired drivers, such as making an arrest for DWI or issuing citations for other traffic violations.
DWI checkpoints must follow specific guidelines established by the courts to ensure their legality and constitutionality. Additionally, drivers are entitled to certain rights when stopped at a DWI checkpoint, such as the right to remain silent and the right to legal representation.
What Are My Rights During a DWI Checkpoint Stop?
During a DWI checkpoint stop, you have certain rights protected by the U.S. Constitution, including the Fourth Amendment right against unreasonable searches and seizures.
Right To Remain Silent
You have the right to remain silent and not answer any questions posed by law enforcement officers. You are not obligated to provide any information beyond identifying yourself, presenting your driver’s license, vehicle registration, and proof of insurance.
Right To Refuse Field Sobriety Tests
While law enforcement officers may request that you perform field sobriety tests, such as the walk-and-turn or one-leg stand tests, you have the right to refuse to participate in these tests. Field sobriety tests are voluntary, and you are not required to perform them. However, if you refuse a field sobriety test, you face a license suspension of up to a year.
Right To Refuse Breathalyzer Test
You have the right to refuse a preliminary breathalyzer test (PBT) at the scene of the DWI checkpoint. However, if you are arrested for suspicion of DWI (which is very likely at that point), you may be required to submit to a chemical breath or blood test under implied consent laws. Additionally, as with refusing a field sobriety test, you face automatic license suspension as a result of your refusal. It is often better to submit to testing, even f you have had a drink, as you may still blow clear.
Right To Legal Representation
If you are detained or arrested at a DWI checkpoint, you have the right to request legal representation. You can ask to speak with an attorney before answering any questions or consenting to any tests.
Right To Know Reason for Stop
Law enforcement officers must have a valid reason for stopping your vehicle at the DWI checkpoint. You have the right to ask the officer why you were stopped and to understand the basis for the stop.
Right To Know Charges
If you are detained or arrested, you have the right to be informed of the charges against you. Law enforcement officers must inform you of the reason for your detention or arrest and the nature of the charges.
Right To Refuse Consent To Search
You have the right to refuse consent to a search of your person, vehicle, or belongings unless law enforcement officers have a warrant authorizing the search. You do not have to give permission for officers to search your vehicle just because your car has been stopped. If they have reasonable suspicion of illegal activity, they can search your vehicle without a warrant or your permission.
If you’ve been stopped at a DWI checkpoint, it’s advisable to cooperate with law enforcement officers and remain respectful. Refusing to comply with lawful orders or interfering with the checkpoint operation can lead to legal consequences. If you believe your rights have been violated during a DWI checkpoint stop, you should seek guidance from a qualified attorney.
What May Invalidate an Arrest at a DUI Checkpoint?
Compliance with specific guidelines and procedures, along with a focus on public safety and minimizing intrusion, is essential to ensuring that DWI checkpoints respect individuals’ rights while effectively combating drunk driving. If a DWI checkpoint procedure in Kansas fails to comply with these guidelines, it may be deemed invalid.
Lack of Advance Notice
Courts may deem a DWI checkpoint invalid if law enforcement fails to provide advance notice of the checkpoint to the public. Advance notice serves as a deterrent to impaired driving and allows motorists to make informed decisions about their travel routes.
Unconstitutional Location Selection
The selection of the checkpoint location must be based on factors such as traffic flow, historical data on impaired driving incidents, and public safety considerations. If law enforcement chooses a checkpoint location arbitrarily or without valid justification, it may render the checkpoint procedure invalid.
Unreasonable Stop and Detention
Law enforcement officers conducting the checkpoint must follow the required procedures to minimize intrusion on motorists’ Fourth Amendment rights.
Non-Neutral Vehicle Selection
Courts require that vehicles passing through the checkpoint be selected based on neutral criteria, such as every Nth vehicle or a random selection, to avoid arbitrary or discriminatory practices. If law enforcement engages in non-neutral vehicle selection, such as profiling based on race or ethnicity, it could invalidate the checkpoint procedure.
Failure To Minimize Intrusion
Courts require that DWI checkpoint procedures minimize the intrusion on motorists’ privacy rights while achieving the government’s interest in preventing drunk driving.
If you believe your rights have been violated during a checkpoint stop and need a DUI defense lawyer, get in touch with us at Billam & Henderson, LLC, in Lenexa, KS.