Organized sobriety checkpoints, also known as DUI checkpoints, are legal in more than half of all U.S. states. In states that permit the use of DUI checkpoints, law enforcement officers can set up roadblocks in certain areas to check for drivers who are under the influence of drugs or alcohol. However, states like Washington have challenged the legality of DUI checkpoints. In 1988, the Washington State Supreme Court ruled that DUI roadblocks violate portions of the Washington State Constitution and are therefore unconstitutional. Even though DUI checkpoints are not allowed in Clark County, law enforcement officers can still pull over individual drivers if they suspect that the driver is operating the vehicle while under the influence of drugs or alcohol. If you have been involved in a DUI incident in the greater Camas or Vancouver area, it’s essential that you contact an experienced DUI defense attorney as soon as possible to understand your legal rights and to ensure that they remain intact at all times.
How to Handle a DUI Checkpoint in Southwest Washington
Although formal DUI checkpoints are not constitutional in Washington state, officers can still pull you over if they have a reasonable and valid suspicion that you are driving under the influence of alcohol or drugs. A law enforcement officer may witness suspicious driving behavior that justifies their decision to pull you over, such as running a red light, driving over the speed limit, swerving while driving, erratic or aggressive driving, or any other unsafe driving practices. When an officer pulls you over, they observe your eyes, breath for smell of alcohol, pattern of speech, and any objects in plain view of their line of sight (beer bottles/cans, prescription bottles, ect.). They might ask you how much you’ve had to drink that night as well. Then they will ask you to step out of the car if they form reasonable suspicion you were driving under the influence.
Know Your Rights at a DUI Checkpoint in Clark County
It is crucial that you understand your legal rights when the officer asks you to step out of your vehicle for sobriety testing. For instance, under Washington’s implied consent law, any driver who operates a motor vehicle gives their implicit agreement to take a breath test upon request for the purpose of measuring their blood alcohol concentration (BAC) level. You can still refuse the breath test, but there will be consequences for this choice (i.e., the automatic suspension of your driver’s license, enhanced penalties if you are convicted/have priors, potential evidence that prosecutors can use against you in court, etc.). Ultimately the same consequences will apply for a DUI charged to you, and may even be worse. Even if you do refuse a breath test, the arresting officer can obtain a search warrant to asses your blood alcohol level through a blood test- which we routinely see them do when a person refuses a breath test at the scene. Discussing the implications of your choices with a trusted and dedicated DUI defense lawyer is the best way for you to make informed decisions with greater certainty.
Trusted Legal Defense When You Need it Most
The Vern McCray Law Firm, PLLC, proudly handles a wide range of DUI cases and offers high-quality and effective legal representation to clients throughout the greater Clark County area. With over three decades of legal experience, our firm is fully equipped to provide you with the exceptional criminal defense services you deserve. If you are facing DUI charges in the Camas, Ridgefield, or Vancouver area, call us at (360) 834-6262 to get started with a highly qualified criminal defense lawyer.
