As summer approaches, Indiana residents and visitors should be aware of the increased likelihood of encountering DUI checkpoints. These checkpoints are legal in Indiana but must adhere to specific constitutional guidelines to better ensure fairness and legality.
DUI checkpoints are temporary roadblocks set up by law enforcement to identify and deter impaired driving. They are commonly established during periods when impaired driving incidents are statistically higher, such as holiday weekends and major events.
For a DUI checkpoint to be lawful in Indiana, it must meet certain criteria:
- Neutral plan: The operation must follow a predetermined plan that dictates which vehicles are stopped, ensuring officers do not exercise discretion in selecting drivers.
- Public safety focus: The primary purpose should be to promote roadway safety by deterring impaired driving — not general law enforcement.
- Minimal intrusion: Stops should be brief and not overly intrusive to motorists.
- Visible signage: Checkpoints must be clearly marked with signs indicating their purpose.
- Advance public notice: While not always required, providing public notice can support the legality of the checkpoint.
With all of this said, there is certainly no guarantee that every law enforcement operation will comply with these criteria.
Your rights at a checkpoint
Because it is certainly possible to be affected by an unlawful exercise of state authority at a checkpoint this summer, it is important to be prepared. If you encounter a DUI checkpoint, it’s important to know your rights:
- Right to remain silent: You are not obligated to answer questions beyond providing your driver’s license, registration and proof of insurance.
- Refusal of searches: Unless an officer has probable cause, you can refuse a search of your vehicle.
- Field sobriety tests: You have the right to refuse field sobriety tests. However, refusal of blood alcohol testing may result in legal consequences if you have already been arrested or if an officer has legal authority to arrest you under the circumstances.
Being informed about DUI checkpoints and your rights can help you navigate these situations more confidently and protect your rights during the summer months.