Typically, police must have probable cause to believe a motorist has violated the law before they can conduct a traffic stop. Under certain circumstances, though, they can pull over cars without witnessing any suspicious behavior. For example, when conducting DUI checkpoints, officers can stop motorists to check for impairment based on a predetermined, objective standard. If you are facing criminal charges after being stopped, a DUI attorney will analyze every detail of the exchange to determine if the police violated your constitutional rights. If they did, the case could be dismissed. Below, the team at Bitar & Bitar, LLP explains what can happen if you come upon a DUI checkpoint in traffic.

When You Notice the Roadblock

In the state of Pennsylvania, motorists are allowed to avoid roadblocks if they do not have to commit a moving violation to do so. For example, if you have the opportunity to turn onto a side road or make a legal U-turn prior to reaching the DUI checkpoint, you may do so. Witnessing a driver attempting to avoid the roadblock does not give the police probable cause to investigate the situation. However, that does not always mean they won’t. If the police do pursue someone who attempts to avoid the checkpoint by making a legal traffic maneuver, the validity of any charges they file against the motorist will be questionable. 

When the Police Pull You Over

If you do not have an opportunity to avoid the roadblock or opt to pass through it anyway, there is a chance police will stop you. If they do, you must roll down the window to answer the officer’s questions. At some point, the police will likely ask if you have been drinking. Even if you say no, officers can direct you to the second phase of the checkpoint if they think they smell alcohol on your breath. You must provide your name, driver’s license, registration, and proof of insurance at this point, but you do not have to answer any additional questions or consent to field sobriety tests. Remain polite but firm when asserting your rights. If you are arrested, do not say anything until you have talked to a DUI attorney.

If you are facing DUI charges after getting stopped at a roadblock, turn to Bitar & Bitar, LLP. Based in New Kensington, the attorneys at this firm are proud to serve clients throughout all of Western Pennsylvania. In addition to criminal defense, they also practice personal injury law, family law, and estate planning. Whether you need a strategic divorce attorney or an auto accident lawyer, you can rely on them for attentive and personalized legal counsel. Visit the firm online to learn more about their experience in criminal defense, or call (724) 339-1025 to schedule a free consultation with a DUI attorney.