DUI checkpoints are temporary roadblocks created by law enforcement to check drivers for signs of impairment.
While legal, they must comply with specific requirements to ensure they are conducted lawfully. Here are some facts all motorists should know about state DUI checkpoints.
What are the legal requirements?
In Kentucky, DUI checkpoints must adhere to the “Buchanon Requirements” established by the Kentucky Supreme Court. These requirements include:
- Decision-making authority: The location, time and procedures for the checkpoint must be determined by supervisory law enforcement officers.
- Consistent treatment: All motorists must be treated equally, and officers must follow established procedures.
- Apparent purpose: The checkpoint’s purpose should be made visible to motorists through the presence of uniformed officers and warning signs.
- Minimal detention: Motorists should only be detained for the necessary time to check for signs of impairment or to verify licenses and registrations.
When officers follow these requirements, DUI checkpoints are conducted lawfully and fairly, protecting both public safety and individual rights.
When and where are checkpoints created?
They are typically set up at random locations and times, often during holidays or events when there is an increased likelihood of impaired driving. The exact locations are usually not disclosed in advance, but some online tools and websites may provide information on upcoming checkpoints. The end-of-year holidays often trigger DUI checkpoints to combat seasonal drunk driving.
Potential consequences
If arrested during a checkpoint, the consequences can be serious. They may include fines, license suspension, mandatory alcohol education programs and even jail time. Additionally, a conviction can have long-term effects on your driving record and insurance rates.
Since law enforcement officers at checkpoints must follow complicated rules, police mistakes that violate your rights can happen. Having experienced legal guidance can help you ensure that your rights weren’t violated and help you determine the best course of action.