Are DUI Roadblocks Legal in Virginia?

Yes, DUI roadblocks are legal in Virginia, if they completely adhere to a set of very strict requirements. These requirements are so strict because roadblocks enable police officers to get around the Fourth Amendment and its prohibition on random stops.

Notably, DUI checkpoints don’t affect a driver’s Fifth Amendment right to remain silent. All motorists must follow basic “drive forward” commands. But no motorist must answer any questions at any checkpoint.IN fact, as long as they display the proper information, usually drivers’ license and proof of insurance, they don’t have to roll down their windows.

DUI checkpoints are especially common on Memorial Day Weekend and other holidays associated with drinking and driving. If you were arrested at a checkpoint, in many cases, a Leesburg criminal defense lawyer can get the arrest thrown out of court. If that happens, the entire prosecution falls apart like a house of cards.

Reasonable Location

DUI checkpoints must be set up in a location where impaired driving is common. It cannot be random, and the location should be chosen based on a reasonable suspicion of drunk driving in that area. Any DUI checkpoint set up in a predominantly nonwhite area is questionable. Almost all DUI defendants are white.

Advance Notice

In Virginia, police must provide public notice in advance of a DUI checkpoint. This warning can include posting information about the checkpoint’s time and location in local media or on law enforcement websites. The notice must give drivers a chance to avoid the area altogether if they choose to do so.

Neutral and Systematic Selection

Officers must use a neutral method to select which drivers to stop. They can’t arbitrarily stop drivers who don’t “look right.” Common methods include stopping every fourth car, or randomly selecting vehicles in a consistent and fair manner.

Time and Duration

DUI checkpoints must be set up during times when impaired driving is most likely, typically weekends and late nights. The checkpoint should not be open for too long, as prolonged operations can be deemed unreasonable.

Safety and Signage

The checkpoint must be clearly marked with visible signs, lights, and uniformed officers to alert drivers of the checkpoint ahead. This ensures the checkpoint is not hidden and is conducted safely.

Limited Intrusiveness

The checkpoints should involve a brief stop with minimal intrusion into a driver’s privacy. Officers may briefly question drivers to check for signs of intoxication, but they generally cannot detain a driver for extended questioning without cause.

Legal Basis

There must be a clear legal basis for conducting DUI checkpoints. Most states uphold checkpoints based on their role in public safety, but there are legal challenges in some areas. The checkpoints are generally viewed as a way to deter impaired driving, rather than to single out individuals without cause.

Constitutional Standards

As mentioned, DUI checkpoints must align with the Fourth Amendment of the U.S. Constitution, which protects individuals from unreasonable searches and seizures. Courts have ruled that DUI checkpoints are an exception to the usual requirement for a warrant or probable cause, as long as they follow specific legal procedures.

Reach Out to a Compassionate Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and after-hour visits are available.