- January 23, 2024
Many people rely on inaccurate information when they have to go through a DUI checkpoint. Later on, when they talk to an Orangeburg DUI lawyer, their legal situation is made more complicated than necessary by their actions.
To avoid the most common pitfalls, we decided to prepare a guide to help drivers deal with DUI checkpoints in Orangeburg. Here is what to do and refrain from doing.
Do Not Try to Avoid the DUI Checkpoint
Many drivers believe that they can simply turn around and avoid the checkpoint by choosing another route. But this will only make you look more suspicious and cause the officers to note your license plate number. They will announce it by radio communication, flagging your car for being pulled over.
Thus, you will still get pulled over at another location, and you will be subject to more checks and verifications. Also, it may be impossible to make a left turn just before the checkpoint without breaking traffic laws (for example, turning on a double continuous line).
Have Your Documents Ready
A DUI check will end faster and with less hassle if you have your driver’s license, car registration, and insurance information ready to show to the officer. Fumbling for these documents in your pockets or glove compartment may be interpreted as a sign of being impaired.
The simpler and easier you make the interaction with the police officer, the better you will look in their eyes.
Do Not Volunteer Information
Police officers are trained to ask questions that will get you to confess to drinking. But sometimes drivers make their situation more difficult by sharing details, such as:
- How much they had to drink
- Where they are coming from or driving to.
Remember that, beyond giving your name, driver’s license, and insurance information, you are not obliged to say anything further. The Fifth Amendment protects your right to not incriminate yourself. If the officer pushes you into answering questions, make sure you invoke this right.
Can You Refuse the Breath Test?
South Carolina applies the implied consent rule to all drivers. Simply put, by applying for a driver’s license, you implicitly agree to submit to Breathalyzer testing whenever a police officer demands it.
Thus, refusing this test means your driver’s license will be suspended.
You Can Refuse to Perform Field Sobriety Tests
Police officers may ask you to perform field sobriety tests, even if your BAC level is below the legal limit. However, these tests are not compulsory by law.
It’s important to remember several points:
- The tests are not completely reliable and accurate.
- Not all police officers are properly trained to administer them.
- Several health conditions may cause you to fail the tests.
Ask If You Can Leave
After the officer checks your documents and administers the breath test, you are within your rights to ask if you can leave. The answer may be no in some situations. But you would be surprised by the number of drivers who ended up being charged with driving while impaired (DWI) because they acted undecided and confused, walking around their cars and waiting for permission to leave.
A simple question can make your life easier and even speed up the DUI checkpoint for the other drivers.
Charged at a Checkpoint? Contact an Orangeburg DUI Lawyer!
DUI checkpoints are stressful for any driver, and this can translate into a suspicion of being impaired. Or, you may have had a few drinks, and they showed up on the breath test. In any situation, there is only one right decision: to get in touch with an Orangeburg DUI lawyer as soon as possible after being charged.
We offer a free case evaluation to every new client, so call us today at 803-353-1969!
