Are DUI Checkpoints Legal in South Carolina?

DUI checkpoints are a tool the South Carolina police use to catch drunk drivers. You will probably come across one during the holidays on some of the most popular roads. Some people are surprised that the police can use a DUI checkpoint because of the constitutional prohibition on unreasonable searches. However, both the federal and state courts have upheld DUI checkpoints as a valid public safety tool.

If you are arrested, contact William G. Yarborough, Attorney at Law, for assistance. A DUI arrest is not a conviction, and you could have solid defenses to raise on your behalf. An experienced Greenville DUI lawyer can review the evidence against you and decide how to proceed.

What is a DUI Checkpoint?

A DUI checkpoint is essentially a roadblock. The police will stop some or all of the vehicles moving down the road.

Once stopped, a driver is asked to show their license, registration, and proof of insurance. The stop also gives the officer a chance to check if the driver is visibly intoxicated. An officer looks for:

• Bloodshot eyes
• Slurred speech
• Alcohol on the breath
• Open containers of alcohol in the car

The officer might also ask questions like, “Where are you coming from?” or “Have you been drinking?”

If the officer has reasons to suspect the driver is drunk, they can pull the driver over and ask them to take field sobriety tests. The officer can continue to question the driver and might even ask them to take a breathalyzer test. A DUI checkpoint can result in an arrest for DUI.

Are DUI Checkpoints Legal?

Yes. DUI checkpoints are legal if they follow strict requirements. For example, in South Carolina, DUI checkpoints must be conducted according to the following rules:

A supervisor authorizes the checkpoint. In other words, officers cannot decide on their own to set up a roadblock and question people.

Officers must use a neutral principle when stopping people. For example, the cops might stop every fourth car to speak to the driver.

The police must provide public notice of where and when they will set up a DUI checkpoint. This notice allows the public to avoid the roadblock if they want.

The initial questioning and delay must be minimal. The police cannot engage in a long conversation after you roll down your window and hand over your license. In other words, they need to make a quick judgment about whether you are intoxicated.

An officer needs reasonable suspicion of criminal activity to detain you further. That means the cop must point to facts that strongly suggest you are intoxicated, like slurred speech or alcohol on your breath.

Controversy surrounds DUI checkpoints because of the Fourth Amendment’s prohibition on unreasonable searches. The Constitution prohibits police from randomly stopping people and interrogating them about whether they have committed a crime. Instead, police need reasonable suspicion based on articulable facts to even briefly detain someone.

DUI checkpoints would seem to violate this prohibition. The only reason people are stopped at a DUI checkpoint is that they happen to be driving on the road. However, the U.S. Supreme Court has said that checkpoints are constitutional if they follow the rules outlined above.

How to Handle a DUI Checkpoint

Your heart might sink when you see a DUI checkpoint up ahead. There are things to do (and steps to avoid) when approaching a checkpoint:

• Don’t perform an illegal U-turn to avoid one. That would give the police reason to stop you.
• Hand over license, registration, and proof of insurance. You are obligated to hand this over to the police. If you resist, then the situation can escalate.
• Decide whether to answer questions. You aren’t obliged to answer any question. For example, you don’t have to tell them where you are headed or if you have been drinking. Most people answer these questions; however, to avoid raising suspicion.
• Go to the screening area if requested. If an officer suspects you are impaired, they can send you over to a secondary screening area for further questioning or tests. Trying to flee is itself a criminal offense.
• Avoid answering additional questions. Whether you answer questions during the initial stop or not, we recommend remaining silent if held for further screening. There is no advantage to talking at this point.
• Refuse to consent to a search. The officer might ask for consent to search your car or your belongings, like a purse or bag. Never give consent to a search.
• Decide whether to participate in a field sobriety test. Officers request these tests to gauge whether you are impaired. The one-leg stand is a common test. You can refuse, although the police might hold a refusal against you.
• Decide whether to give a breath sample. South Carolina has an implied consent law. (S.C. Code § 56-5-2950.) If you refuse to blow a test, then the state will suspend your license. However, you can deprive them of evidence to use against you.

You should always reach out to an attorney if arrested. DUI cases in South Carolina are fast-moving and have many different pieces. We can help with the administrative side of the case, as well as the criminal charges. Let our firm analyze your best option for obtaining a favorable disposition of the case.

Contact a Greenville DUI Lawyer for Assistance

DUI checkpoints remain controversial, but they are not disappearing anytime soon. If you were picked up for DUI, then call William G. Yarborough for legal help. Attorney Yarborough has more than three decades of experience in criminal law, including defending people from DUI charges. We can review the circumstances surrounding the stop. If the police did not follow the law, we might ask a judge to toss the criminal charges or push aggressively for a generous plea deal.

Our firm excels at helping people beat DUI charges in the 29609 zip code and nearby areas. Contact us at 864-331-1612 to schedule a private, one-on-one consultation with our office.