The Supreme Court of Virginia ruled in Lowe v. Commonwealth of Virginia, 337 S.E.2d 273 (Va. 1985) that sobriety checkpoints or roadblocks, also known as driving while intoxicated influence (DUI) checkpoints, are legal and serve as an effective deterrent to drunk driving.
However, law enforcement agencies are required to advertise such checkpoints before they occur, either through police websites, newspaper advertisements, or local television shows. Additionally, law enforcement agencies are required to randomize how they stop drivers.
Regardless of the circumstances, if police arrest you at a checkpoint in Virginia, you will need to contact a Richmond criminal defense attorney quickly. Do not wait to contact Vaughan C. Jones Attorney at Law for help with your case!
Avoiding the Roadblock
Should you encounter a roadblock while driving this holiday season, you are allowed to avoid the checkpoint by turning onto another street or performing a U-turn where legal. You should not attempt to speed through a checkpoint, however, as this will likely lead to police following you and pulling you over.
Remember Your Rights
If stopped at a checkpoint, you should hand the police officer your license and insurance information, but be very careful with how you answer any questions. If you have been drinking, you should avoid mentioning that you drank, even if you only drank a minimal amount, as an admission of alcohol consumption generally leads to further scrutiny.
Passengers Can Face Charges
Drivers who know about roadblocks may take action to avoid drunk driving, but keep in mind that people can face criminal charges even when they are not driving. For example, if you were sleeping in a vehicle while drunk or were in control of a parked vehicle while drunk, you could still be charged with a DUI.
Were you recently arrested at a Virginia DUI checkpoint? You will want to seek the help of a Richmond criminal defense attorney at Vaughan C. Jones Attorney at Law for help! Our experienced DUI attorneys can reduce or dismiss your charges!
Call (804) 207-5735 now for a free consultation for your DUI case.