What To Do At A Sobriety Checkpoint In Virginia
You know the feeling: even if you haven't been drinking, seeing a sobriety checkpoint ahead on the road while driving at night can make you just the slightest bit nervous. Everyone sees the recap of checkpoint results in the newspaper the next day-and a lot of it is minor traffic offenses, which I think everyone would like to avoid.
Most of this article is valuable advice for any American driver, however some parts are written specifically for Virginia laws. Remember, in some areas, sobriety checkpoints may be more in the form of "DUI-directed patrols." This basically means that instead of having one set checkpoint, several patrol cars will saturate an area, on the lookout of impaired driving.
By law, agencies are required to announce a checkpoint or DUI-directed patrol. Keep an eye on local newspapers, government websites, and this blog (or our Twitter account, @jimparrish) for announcements. Checkpoints/patrols are often located on major roadways connecting bar districts, on the way out of town, etc, and are often scheduled for weekends or around major holidays.
So what do you do when you encounter a sobriety checkpoint in Virginia:
1. Dont panic.
Slow down and proceed normally until you are actually stopped by an officer. And whatever you do, dont try to pull a U-turn and drive away! Even if you just want to avoid any sort of delay, this draws attention to your car. The officers conducting the checkpoint will likely radio someone to find the car that went to such lengths to avoid the checkpoint.
2. Proceed?
Chances are, you wont even be stopped. Federal law states that police cant detain every cartheyll be using a mathematical formula to determine which cars to pull over (for example, every fourth car).
3. Just do what they tell you.
If you are detained, its just like being pulled over normally. Normally when youre pulled over I dont advise having your license/registration ready (see this post for more on that) but in this kind of situation it cant hurt. They will most likely ask for this, so just pull it out of the glovebox while youre waiting so its ready when they ask.
4. Dont say much to the officer.
Federal law states they must minimize the amount of time they detain you. This means they can only ask you to step out of your vehicle and take a field sobriety test if you exhibit obvious signs: glassy eyes, slurred speech, smell of alcohol in the car, etc. Even saying something to the effect of Ive only had one drink, (which, yes, its possible to do and be under the legal limit) can be interpreted as a confession.
5. Be cooperative.
Step out of the car if they ask you to. Remember, Virginia has Implied Consent, meaning if you choose to drive on Virginia roads, this implies you consent to sobriety testing. So basically if they want to give you a field sobriety test, you just need to roll with it.
If you are charged with a DUI or DWI, the best thing for you to do is contact an experienced attorney as soon as possible. The sooner you do this after your arrest, the sooner they can start gathering and analyzing the details and evidence surrounding your arrest.
Copyright (c) 2010 James Parrish
Most of this article is valuable advice for any American driver, however some parts are written specifically for Virginia laws. Remember, in some areas, sobriety checkpoints may be more in the form of "DUI-directed patrols." This basically means that instead of having one set checkpoint, several patrol cars will saturate an area, on the lookout of impaired driving.
By law, agencies are required to announce a checkpoint or DUI-directed patrol. Keep an eye on local newspapers, government websites, and this blog (or our Twitter account, @jimparrish) for announcements. Checkpoints/patrols are often located on major roadways connecting bar districts, on the way out of town, etc, and are often scheduled for weekends or around major holidays.
So what do you do when you encounter a sobriety checkpoint in Virginia:
1. Dont panic.
Slow down and proceed normally until you are actually stopped by an officer. And whatever you do, dont try to pull a U-turn and drive away! Even if you just want to avoid any sort of delay, this draws attention to your car. The officers conducting the checkpoint will likely radio someone to find the car that went to such lengths to avoid the checkpoint.
2. Proceed?
Chances are, you wont even be stopped. Federal law states that police cant detain every cartheyll be using a mathematical formula to determine which cars to pull over (for example, every fourth car).
3. Just do what they tell you.
If you are detained, its just like being pulled over normally. Normally when youre pulled over I dont advise having your license/registration ready (see this post for more on that) but in this kind of situation it cant hurt. They will most likely ask for this, so just pull it out of the glovebox while youre waiting so its ready when they ask.
4. Dont say much to the officer.
Federal law states they must minimize the amount of time they detain you. This means they can only ask you to step out of your vehicle and take a field sobriety test if you exhibit obvious signs: glassy eyes, slurred speech, smell of alcohol in the car, etc. Even saying something to the effect of Ive only had one drink, (which, yes, its possible to do and be under the legal limit) can be interpreted as a confession.
5. Be cooperative.
Step out of the car if they ask you to. Remember, Virginia has Implied Consent, meaning if you choose to drive on Virginia roads, this implies you consent to sobriety testing. So basically if they want to give you a field sobriety test, you just need to roll with it.
If you are charged with a DUI or DWI, the best thing for you to do is contact an experienced attorney as soon as possible. The sooner you do this after your arrest, the sooner they can start gathering and analyzing the details and evidence surrounding your arrest.
Copyright (c) 2010 James Parrish
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