What are Your Rights at a DUI Checkpoint?
DUI checkpoints in Indiana are very common, particularly at certain times of the year, such as holidays, including the Fourth of July. These checkpoints are intended to reduce incidents of impaired driving, but law enforcement must follow specific requirements when conducting these checkpoints. Additionally, drivers have certain rights when at a checkpoint, and it is important to know what these are to remain compliant with the law. Below, our Indianapolis OWI lawyer explains in further detail.
How Do DUI Checkpoints Work in Indiana?
A DUI checkpoint refers to when law enforcement erects a temporary roadblock through a barrier to divert traffic. Police officers at the checkpoint stop and inspect motorists going through the checkpoint, but they do not stop all drivers. Police will typically randomly stop vehicles, or stop drivers they suspect of operating while intoxicated (OWI) or other offenses. To meet the legal requirements in Indiana, DUI checkpoints must meet the following:
- Be conducted in a reasonable amount of time
- Be temporary
- Include identifiable police officers
- Be publicized before the checkpoint is set up
- Only stop drivers for a brief period of time
- Perform sufficient safety measures
- Use a predictable and neutral process
During a checkpoint, law enforcement will look for signs of intoxication or impairment. Operating a vehicle while intoxicated refers to driving with a blood alcohol concentration (BAC) of 0.08 percent or more. However, people can be charged with lower BAC levels if they are not able to drive safely. While DUI checkpoints are mainly meant to target impaired drivers, police can also screen for other unlawful activity and make arrests if they suspect criminal offenses during a stop.
What Rights Do You Have at a DUI Checkpoint?
It is important to remember when approaching a DUI checkpoint that you have many rights. Your rights are as follows:
- To be detained briefly: Police officers cannot keep you at a DUI checkpoint for an unreasonable amount of time. For a stop at a DUI checkpoint, a reasonable amount of time is between 30 seconds and two minutes. Law enforcement can only detain you longer if they have a valid reason for doing so.
- To remain silent: Under the Fifth Amendment, you have the right not to self-incriminate. This includes remaining silent at a DUI checkpoint so you can refuse to answer an officer’s questions.
- To refuse field sobriety tests: You are not required to submit to field sobriety tests when asked, even if a police officer implies otherwise.
- To refuse a search of your vehicle: Law enforcement may or may not have the right to search your vehicle. If they do not, you can challenge the search if you are charged. If you provide consent, however, it gives law enforcement the right to search.
Our OWI Lawyers in Indianapolis Can Protect Your Rights
If you are facing charges after a DUI checkpoint, you need legal help. At Rigney Law, LLC, our Indianapolis OWI lawyers can provide it, prepare the strong defense you need, and challenge any police action that violated your rights. Call us now at 317-623-0989 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
iga.in.gov/laws/2025/ic/titles/9#9-30-5-1