DUI Checkpoints in Tennessee: What’s Legal and What’s Not

A DUI checkpoint makes even the most confident drivers nervous. Whether you’ve had a drink or not, going through a checkpoint can make your heart race and leave you wondering if they’re even truly legal. The fast answer is yes, DUI checkpoints are legal and a part of driving on Tennessee roadways. However, a DUI checkpoint doesn’t strip you of your rights.

Knowing what’s legal, what’s expected of you, and what you can and can’t do can help you make these nerve-wracking situations less stressful. This is our helpful guide that gives you the information you need to know when driving through a checkpoint.

The legalities of a checkpoint: Can they really do this?

Yes. DUI checkpoints are public safety tools that are legal in Tennessee when they are properly planned and conducted. These stops, also known as sobriety checkpoints or roadblocks, are designed to identify drivers who are impaired by drugs and/or alcohol and remove them from the roadway. The Supreme Court has upheld the validity of these checkpoints when they follow certain rules that balance public safety and motorists’ rights under the Fourth Amendment.

The rules that govern checkpoints mean that these are planned events that are designed to screen impaired drivers and protect the public.

What makes a checkpoint lawful?

There are a few key rules a checkpoint must follow to be lawful in Tennessee.

• Advance notice. Law enforcement agencies normally publish the location and time of checkpoints in advance of the checkpoint itself. This level of transparency lets people know that a checkpoint will be in effect.
• Neutral stopping pattern. Law enforcement officers should stop cars in a predetermined pattern. For example, every third car, so that targeting of drivers doesn’t occur.
• Safety first. The checkpoint must be safe for both the law enforcement officer and motorists.
• Minimal intrusion. Every stop should be brief unless the officer develops a specific reason to do more.

If a checkpoint doesn’t follow these guidelines, the stop could be challenged in court, even if evidence was collected (like breathalyzer results).

Do you have to stop at a DUI checkpoint?

Yes. If you reach a DUI checkpoint and it isn’t possible to turn around without breaking traffic rules, you must stop. If you refuse to stop, you could face additional charges.

That said, if you see a checkpoint up ahead and can lawfully redirect, you may do so. Law enforcement officers may choose to follow you if they suspect you may be under the influence, so keep that in mind if you decide to turn around. Officers may consider your last-minute turn or obvious attempt to avoid the checkpoint when deciding whether they have reasonable suspicion to stop you, but a lawful reroute alone does not automatically justify a stop.

What you are required to do

Once you arrive at a checkpoint, you are required to stop your vehicle when instructed to do so and provide your driver’s license, registration, and proof of insurance when asked. Law enforcement officers are allowed to ask you for these items so they can make sure you are driving legally.

These are the basics, but beyond providing this information, you are not required to answer questions about whether you’ve been drinking or how much you have had to drink. You have the right to remain silent and politely decline to answer questions.

Field sobriety and chemical tests

At a sobriety checkpoint, a law enforcement officer may ask you to step out of your vehicle so they can perform a field sobriety test or administer a breath, blood, or oral fluid test. You can refuse these tests, but you need to understand that doing so has consequences.

Tennessee has an implied consent law. This means that by driving on Tennessee roads, you are deemed to have consented to chemical testing if a law enforcement officer has probable cause to believe that you are driving under the influence. If you refuse a test after being lawfully arrested, your license may be suspended or revoked by the court for an implied-consent violation, even if you are not convicted of DUI. The suspension is separate from any criminal charges and can affect your driving privileges for a long period of time.

Field sobriety tests, however, are not required by law. You can politely refuse to do them without risk of administrative action against your license. Keep in mind that your refusal may influence how an officer continues to investigate you.

Vehicle searches at checkpoints

Officers generally can’t search your vehicle at a checkpoint unless they develop probable cause, get your consent, obtain a warrant, or another recognized search exception applies. Probable cause could include open containers in plain view or evidence of drugs or drug paraphernalia. If an officer asks to search your vehicle, you can say no. Anything an officer finds during an unlawful search may not be admissible in court.

What if you are arrested at a DUI checkpoint?

If you’re arrested at a DUI checkpoint, stay calm, cooperate, and remember your rights. Your best defense is to stay quiet and ask for an attorney immediately. Even if you are arrested, all hope is not lost. There is always a possibility that law enforcement did not properly follow procedures, or public notice was not given.

Having a skilled DUI attorney on your side can help. An experienced attorney can review your case and determine whether the DUI checkpoint procedure was legal, and help you build a solid defense.

What to do at the checkpoint

If you are stopped at a checkpoint and detained, it can be a frightening experience. At this time, it’s important to have a plan. Remember to stay calm and provide the necessary documentation requested by police officers. Be mindful of your words, and avoid over-explaining or offering any information that is not necessary. You are not required to discuss where you have been or what you’ve had to drink.

Many people feel that their detention at a checkpoint was unlawful. In these instances, it’s important to contact an attorney right away. At Delius, McKenzie & McCarter, we help people who have been stopped and/or detained at checkpoints protect their rights. By conducting a thorough investigation of the checkpoint and considering the facts, we can help you build a defense and challenge what could be an unlawful checkpoint.

Contact us today

If you’ve been stopped at a checkpoint, contact Delius, McKenzie & McCarter today. Whether or not the checkpoint was legal, we are here to help you through this legal matter.