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Can you get arrested at a DUI checkpoint?

On Behalf of | Apr 22, 2021 | DUI/DWI/OUI |

Throughout New Jersey, law enforcement sometimes sets up DUI checkpoints. These checkpoints can catch people driving under the influence. You’ll often see these checkpoints happen during the night in places where there’s a lot of traffic. Here’s a closer look at DUI checkpoints and what to do if you wind up under arrest while passing through one of them.

How should you handle DUI checkpoints?

Whether you’re driving sober or not, going through a DUI checkpoint can be a nerve-wracking experience. However, this doesn’t mean you should try to avoid an upcoming check. Although you do have a legal right to turn around, it will probably look to authorities as just what it is: an attempt to avoid the situation. Make sure you do nothing illegal like making a U-turn to get away from the scene.

It’s also important to remember that most officers at DUI checkpoints will randomly select vehicles and drivers to test. If you’re not one of the selected drivers, there’s nothing for you to worry about.

What to do after getting arrested at a checkpoint

It is possible to get arrested while driving through a DUI/DWI checkpoint. However, bear in mind that the officer or officers in charge of the checkpoint must follow a set of rules.

For instance, there has to be a public notice leading to the checkpoint. In addition, any officer administering a breathalyzer test must wait 20 minutes to make sure there’s nothing that would alter the results. It’s also imperative that all testing machines be properly calibrated. If not, it can lead to false positives.

Driving through a DUI checkpoint can be stressful. If you should be arrested at one, any errors made by a police officer can work to your advantage. Once you’ve been charged, you would be wise to enlist the aid of an attorney who can advise you on what to do next.