DUI Checkpoints: Your Rights and How an Attorney Can Assist You



In the uncertain glow of flashing red and blue lights, you might feel your heart pounding in your chest. You've been stopped for a DUI, and the anxiety sets in.

When this happens, you might be wondering, 'Do I understand my rights?' Or 'How can an attorney help me through this?' You're not alone. In fact, your rights at DUI checkpoints are more robust than you may realize.

While it can be terrifying to deal with a potential charge, you need to breathe easy and stay calm. First things first. Pull over when signaled and provide your license, registration, and proof of insurance.

Next, it’s perfectly legal to record the traffic stop. You don’t have to say a word to the officers. If anything, be sure to let them know you will not be answering any questions without an attorney present.

Finally, don’t consent to a search of your vehicle. Even if they still insist on a search, make it clear you do not agree and let your lawyer handle the rest as you step aside. Yes, it may mean a longer night, but in the long run, it will protect your rights.

A Brush with Indiana's OWI Laws

In Indiana, the term "operating while intoxicated" (OWI) is officially used instead of "driving under the influence" (DUI). Yet, DUI and DWI (driving while intoxicated) are commonly used when referring to operating a vehicle under the influence of drugs or alcohol. Here's what you should know about Indiana's OWI laws:

A motorist is prohibited from operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The average adult generally reaches this limit after consuming about 2-3 standard pours, but it can vary based on weight and gender.

Driving with any amount of a schedule I or II controlled substance in your system—like opiates, hallucinogenic drugs, marijuana, cocaine, or methamphetamine—is against the law.

Drivers under 21 are subjected to the "zero tolerance" law, which makes it illegal for them to operate a vehicle with a BAC of 0.02% or more.

Knowing these laws is the first step to understanding your rights when stopped for a DUI.

What an Attorney Can Do for You



The legal process can seem like a daunting labyrinth, especially in the stressful aftermath of being stopped for a DUI. However, a dedicated attorney can guide you through this complex process, acting as your advocate and working tirelessly to put you at ease. Here's how:

They will closely examine the circumstances of your arrest, ensuring your rights were not violated during the process.

They will challenge any test results and procedures.

They will represent you in court, fighting for your rights and the best possible outcome.

They will inform you of what will happen next so you can better plan to get your life back on track after this disruption.

They will consider any restitution for violations of your rights.


FAQs: The Stop, The Tests, The Aftermath


If I'm stopped for a DUI, do I have to take the field sobriety tests?

You have the right to refuse field sobriety tests. However, refusal can lead to immediate license suspension, as implied consent laws apply.


What happens if I'm stopped for a DUI and refuse to take a breathalyzer test?

Refusing a breathalyzer test can result in immediate license suspension under Indiana’s implied consent laws. However, an attorney may be able to help you fight these charges.


What are the penalties for OWI/DUI in Indiana?

Penalties for OWI/DUI in Indiana vary depending on prior offenses and other factors. They can range from fines and license suspension to jail time. Consult an attorney for specifics relevant to your case.

The Most Common Places for DUI Checkpoints

DUI checkpoints are often set up in areas with a history of drunk driving incidents or locations with heavy drinking—near bars, clubs, or on popular routes home from these establishments. Have you encountered a DUI checkpoint in an unexpected area?

You will also find DUI checkpoints near colleges or intersections known for frequent accidents. In most cases, law enforcement is trying to improve the community's safety. If you answer calmly, you will probably be flagged to move on. However, you must understand your rights, so you are prepared for any scenario.

Don't Navigate These Troubled Waters Alone

Being stopped for a DUI can be an overwhelming experience. But remember, you don't have to face these challenges alone.


The Law Office of Mark Nicholson is dedicated to serving as a compassionate advocate for clients throughout Indiana. If you need assistance with a DUI, contact us today. Let us help you navigate through these troubled waters.


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