Are DWI Checkpoints Allowed In New York State?

The answer quite simply is yes providing strict implementation procedures are followed by the police agency involved.

Is The Public Notified Of A Checkpoint Before It Is Set Up?

No, they are not. That would frustrate the purpose of the DWI sobriety checkpoint which is to stop cars at random locations to act as a deterrent for motorists who drink and drive.

What Are The Person’s Rights When They Are Stopped At A DWI Checkpoint?

The rights that exist for a motorist when approaching a DWI checkpoint are the same rights as exist whenever an individual is approached by the police for investigative purposes. They have no other choice but to remain in their car and proceed in order up to the DWI checkpoint. When approached by the police they should answer any questions courteously and should of course not admit to the consumption of alcohol or any other violation of the law. If the officer feels that, based upon discussions with you and other observable facts, that grounds exist for a further DWI investigation including ordering a motorist out of their car to conduct field sobriety tests, a motorist has no other choice but to comply with the exception that a motorist always has the right to refuse to participate in field sobriety tests. They have this right as long as they realize that it will result in an adverse inference that they have something to hide and probably cause a police officer to believe that there is probable cause to arrest.

What Would Happen If Someone Turned Around Or It Was Noticed They Avoided The Checkpoint?

It has been held that a police officer, who is participating in a sobriety checkpoint, may lawfully stop a vehicle which makes a legal turn into a parking lot in an apparent attempt to avoid that roadblock. However, in that case it was concluded that the motorists turn into the parking lot, although lawful, was clearly an attempt to avoid the checkpoint. On the other hand there have been cases in New York which have held that the mere making of a legal u-turn or turn off to avoid a DWI checkpoint is not, in of itself, sufficient basis to stop that vehicle. Thus it appears to be an open question as to what would constitute a checkpoint evasion and would depend upon the circumstances of each case.

At Checkpoints, Can People Refuse To Answer Questions?

A person has the right to refuse to answer questions but they do so at their own risk. Although a person may have the technical right to refuse to answer a police officer’s inquiries, that is a far different question than whether it is advisable. If a person did not say anything and ignored a police officer’s questions, in my opinion, it would give the police officer additional grounds to investigate further. No doubt, a police officer would feel, “that the motorist has something to hide”. This is similar to a person approached on the street by an inquiring police officer who just takes off and ran away.

What Happens If Someone Refuses To Step Out Of The Car After Being Pulled Over?

This again is a judgment call. Although an individual may have the right to refuse to step out of the car as sufficient grounds may not exist for an officer to request a motorist to do, it is not advisable to refuse such a police officer’s request as that will most probably cause the situation to escalate and perhaps cause the police officer to use physical force to remove you from the car, which as we have seen recently on the news is not an enjoyable encounter.

Would A DWI Stemming From A Checkpoint Arrest Be Handled Any Differently Than A Regular Case?

An arrest is an arrest. The elements of DWI are exactly the same for an arrest which occurs at a sobriety checkpoint or a typical traffic stop. However, at a sobriety checkpoint an officer has to follow much more stringent rules and regulations for setting up and maintaining the checkpoint which could give a motorist grounds to challenge their arrest, grounds which do not exist for a normal traffic stop.

Are Police Allowed To Escalate Something Like A Broken Taillight Or Other Traffic Infraction?

Although stops based on such relatively minor infractions as a broken taillight have been challenged as “pretext stops”, unfortunately the courts have held that as long as a police officer has an articulable reason to pull a vehicle over especially if they observe any violation of the Vehicle and Traffic Law, then the stop has been held to be legal. Any factors which flow from that stop which give the police officer grounds to believe that the motorist is either intoxicated or impaired will then be held admissible against them at trial.

Are People Told They Are Being Pulled Over For A DUI Stop Or Is Another Reason Given?

The police need to not give a reason to stop your car and inquire at a sobriety checkpoint as it is permissible for them to stop all cars. However, in a non-DWI checkpoint stop for a normal traffic violation, in that case a police officer is not permitted to just pick a person out at random and decide they want to pull him over and see whether they are DWI.

A traffic stop would require a police officer to establish that he had a valid and legal reason to stop the vehicle usually an observed violation of the Vehicle and Traffic Law.

At a DWI sobriety checkpoint, when an officer approaches the vehicle he may or may not tell you that he is checking on possible drinking and driving offenses. He will inquire as to where you are going, where you are coming from or whether you had consumed any alcohol that evening. There is no requirement that a police officer inform a motorist that in fact this is a DWI checkpoint.

For more information on DWI Checkpoints In New York, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.