Nobody plans on encountering a DUI checkpoint. You’re driving along, thinking about getting home, when suddenly you see the cones, police cars, and flashing lights ahead. Now you’re wondering whether you’ve done something wrong and if you have to participate.
Many drivers on the road wonder: Do you have to stop? What happens if you refuse a DUI checkpoint in South Carolina?
This depends on exactly what law enforcement is asking you to do and when they’re asking you to do it. Here’s what you should know before a routine checkpoint turns into something more serious.
Do You Have to Stop at a DUI Checkpoint?
In most cases, the answer is yes. South Carolina law enforcement can conduct public safety checkpoints, including those intended to identify impaired drivers. Under the law, they are constitutional as long as they are not used to stop drivers randomly or arbitrarily.
But that does not mean you should try to avoid a checkpoint because you don’t want to go through it. For example, making an improper turn, suddenly changing lanes, speeding away, or committing another traffic violation to get around the checkpoint could give an officer a reason to stop you.
If you believe a checkpoint was improperly conducted, that’s something a DUI defense attorney can challenge. Keep in mind that it is not something you want to try to litigate from the driver’s seat.
Can You Refuse a Field Sobriety Test?
Field sobriety tests are the roadside exercises officers may ask you to perform. This can include:
- Walking in a straight line
- Standing on one leg
- Following an object with your eyes
South Carolina law treats these differently from chemical tests. The courts have recognized that a person does not violate a law by refusing to perform a field sobriety test. But refusing these tests does not necessarily mean you’re off the hook.
An officer may use other observations when determining whether there is probable cause to arrest you for DUI. This can involve:
- How you were driving
- How you speak
- Your appearance and behavior
- What you tell the officer
Yes, you may have the right to decline a roadside test; that decision does not mean you can’t be charged with DUI.
What About Refusing a Breath Test?
When you drive in South Carolina, you give implied consent to chemical testing under certain circumstances. If you’re arrested for an offense involving suspected impaired driving, refusing a chemical test can lead to more legal troubles. This can include anywhere from a 90- to 180-day license suspension.
What Should You Do at a DUI Checkpoint?
You do not want to panic because you’ve encountered a checkpoint. The important part is to pull over, remain calm and respectful, and provide the documents you’re legally required to provide. You never want to argue with the officer or make sudden moves to get around the checkpoint.
If you’re asked questions about where you’ve been or whether you’ve been drinking, remember that your answers can become part of the DUI investigation. You can exercise your legal rights without being argumentative or confrontational.
Protect Your Rights at a DUI Checkpoint
What happens if you refuse a DUI checkpoint in South Carolina? The circumstances of the stop, the type of checkpoint, the officer’s observations, the testing procedures, and what happened before and after the arrest all play a role in a potential case. And they can affect what happens next.
If you’re facing a South Carolina DUI charge, you want to reach out to an experienced attorney to figure out your options and what needs to happen next. At Truslow & Truslow PA, we are here to help you in these difficult situations. Reach out and schedule a consultation. We can help you with the next steps in your case.