Do I Have Rights at a Checkpoint?

The question is often raised by those who have encountered this kind of thing before, but the public wants to know, do you have rights at a DUI checkpoint? We are going to get into all of that and explain why a traffic lawyer Alamance NC is an ideal choice for you in this scenario. The point is, we want to make sure that you understand what your rights are, the extent of those rights, and why you may need to contact Orange County traffic ticket attorneys NC in the event that your rights are violated.

Miranda Warning Not Required 

There is not a requirement for police to give a Miranda warning to people who are simply passing through a DUI checkpoint. This is something that traffic violations law firms understand well as it comes up in court all the time. People assume that if they are going to interact with police at all, that they will receive their Miranda warning, but that is not necessarily the case. If they are be charged with a crime, then they will need to hear this warning, but short of that, it is hard for an affordable traffic attorney NC to make the argument that rights were violated if the Miranda warning was the only thing left out of the conversation.

Field Sobriety Test Not Required 

We have briefly discussed something that the police are not required to do at a DUI checkpoint, but what about the things that civilians are not required to do? Here we are talking about the field sobriety test and how it is not a requirement for anyone to take if they opt to refuse it. It might be in their best interest to go ahead and take it, but NC Greensboro traffic attorneys will tell you that it is not an absolute legal requirement at a DUI checkpoint.

The difference is that if a police officer puts you under arrest, then they may legally require you to take a breathalyzer test. Thus, you may find that you end up having to submit to a test regardless of your resistance to the idea in the first place. Some people simply decide to opt for the field sobriety test as a way of getting on with the rest of their evening. That being said, you should not submit to such a test if you have any fear at all that you will fail it. This could reflect very poorly on you and all but guarantee that you will be arrested. Also, this may be used against you in a court of law, and your traffic ticket attorney Guilford County may have a hard time fighting your case after this fact is entered into the record.

Rolling Down the Window 

There is a lot of back and forth in the legal community about the specific requirement of a driver to roll down his or her window when pulled over at a DUI checkpoint. It is often the case that officers will insist that the driver roll the window down, but many jurisdictions state that the driver only needs to do so to the extent that they can hear the officer’s commands. Additionally, they are required to provide documentation such as a license and proof of registration, but they won’t necessarily need to do much more than that.

The Law Office of Tony Huynh has worked on countless cases in which people are told to follow certain commands that they just don’t feel comfortable with. Those people feel that their rights have been violated, and they are often right in that assumption. If that is something that you are experiencing firsthand, you should know that there are good people standing by to help you get through these situations. You don’t have to fight through these cases on your own, and you should never feel that this is the case. You deserve all of the protections that the law affords you, and a great attorney can help ensure those rights are protected.

Contact Us

At the Law Office of Tony Huynh, you will get my devoted professional law services at an affordable rate.

  • This field is for validation purposes and should be left unchanged.