DUI Checkpoints and Testing Procedures in Nevada

DUI checkpoints are a big deal here in Nevada. The police set up these roadblocks to try to catch people driving under the influence of alcohol or drugs. Getting stopped at one of these checkpoints can be scary, especially if you’ve had a few drinks or taken something you shouldn’t have.

As you probably know, Nevada has pretty strict DUI laws. The cops take drunk driving really seriously here. So if you get flagged at one of these checkpoints, you could be looking at some serious consequences if you fail the tests they give you.

I’m writing this article to help explain how these DUI checkpoints work, what kind of testing the police do, and what your rights are if you go through one. My goal is to give you the information you need to understand what’s going on if it happens to you.

How Do The DUI Checkpoints Work?

The police set up the checkpoints on busy roads, usually on weekends or holidays when more people are likely to be out drinking and driving. They’ll have signs warning you that there’s a checkpoint ahead, plus flashing lights and traffic cones set up to funnel all the cars through.

You don’t have a choice about stopping – every single driver has to stop at the checkpoint. The police will wave some cars on through pretty quick. But others they’ll stop and talk to the driver for a few minutes.

They’re looking for signs that you might be under the influence, like:

• Slurred speech
• Bloodshot or watery eyes
• Smell of alcohol on your breath
• Empty beer bottles or liquor bottles in the car

If they suspect you’re drunk, they’ll pull you off to the side and ask you to take some sobriety tests. That’s where things get serious.

What Kinds Of Tests Do They Give At DUI Checkpoints?

If the cops think you’re drunk, they have a whole bunch of tests they can give to try to confirm it. Here are some of the main ones:

Field Sobriety Tests

These are physical tests they have you perform to see if your balance and coordination are impaired. Some common ones are:

• Walk and turn – they have you walk heel-to-toe in a straight line, then pivot and walk back.
• One leg stand – you stand on one leg and count out loud for 30 seconds.
• Horizontal gaze nystagmus – they check your eyes as you follow something moving side to side.

Lots of people have trouble passing these, even when stone cold sober. They make you nervous and throw you off.

Preliminary Breath Test

They’ll ask you to blow into a small handheld device. It can detect the presence of alcohol on your breath, but isn’t admissible in court. Refusing this test can get your license automatically suspended.

Chemical Test

If they arrest you, they’ll take you back to the station and ask you to submit to a chemical BAC test. This involves breathing into the big machine that precisely measures your blood alcohol level. Refusing this one also causes an automatic license suspension.

What Are My Rights At A DUI Checkpoint?

It’s important to know your rights if you go through one of these checkpoints. Here are some key things to be aware of:

• You don’t have to answer any questions beyond showing your license, registration and insurance. Anything you say can be used against you.
• Politely refuse to take any field sobriety tests. They are subjective and you’ll likely fail even when sober.
• If they ask you to pull over for testing, be cooperative but don’t admit to anything or agree to anything without speaking to a lawyer first.
• If arrested, take the chemical BAC test. Refusal will badly hurt your case down the road.
• After being arrested, refuse to answer any further questions without your attorney present.
• Call a DUI lawyer immediately after being arrested! The legal process starts right away.

Knowing what to expect can really help you keep your cool if you end up at one of these checkpoints. The police are looking for signs of impairment, so showing nervousness or agitation may lead to you getting questioned and tested.

Stay calm and remember your rights. Be polite, cooperate within reason, but don’t voluntarily do anything that could hurt you later on. And if arrested, get a lawyer on the case right away before you answer any more questions.

Having an experienced DUI attorney represent you can make a huge difference in the outcome of your case. Let’s look at some of the ways a lawyer can help if you’re arrested for DUI at a checkpoint.

How Can A DUI Lawyer Help After A Checkpoint Arrest?

There are many ways a knowledgeable DUI attorney can start fighting your case immediately after an arrest at a checkpoint:

• They can check that the checkpoint was legal. There are strict rules the police must follow about visibility, signage, etc. Any deviation could invalidate the whole thing.
• They can examine the accuracy of any breath or blood test results. The machines have to be properly calibrated and operated.
• They can investigate the officer’s rationale for flagging you in the first place. See if there was actual probable cause or if you were profiled.
• They can look for procedural errors or rights violations in how the testing was conducted. Mistakes by the police can weaken the case.
• They can negotiate with the prosecutor or challenge evidence and testimony in pretrial motions.
• They can develop an overall defense strategy focused on getting charges reduced or dismissed entirely.

Having a lawyer who knows DUI law and procedures inside-out can make a huge difference versus trying to defend yourself. An experienced attorney knows which motions to file, which defenses apply, and how to effectively negotiate your case with the prosecutor.

Don’t leave anything to chance. If you’re arrested for DUI, the first call you make should be to a lawyer who can start protecting your rights right away.

Common Defenses Against DUI Checkpoint Charges

There are a number of defenses a lawyer may use to fight DUI charges stemming from an arrest at a checkpoint:

• No probable cause – Officer had no valid reason to suspect impairment and pull you aside for testing.
• Faulty evidence collection – Errors in how tests were conducted make results invalid or inadmissible.
• Illegal checkpoint – Roadblock failed to follow requirements like visibility, signage, etc.
• Racial profiling – Data shows minorities disproportionately targeted at checkpoint.
• Medical conditions – Things like diabetes or injuries can mimic signs of intoxication.
• Mouth alcohol – Breath test inaccurate due to burping, acid reflux, etc.
• Medication side effects – Legal prescription or over-the-counter meds can cause failed sobriety tests.

There are many other challenges an experienced lawyer may present as well. The key is starting the defense right away.

Nevada’s Implied Consent Law

One thing you need to be aware of in Nevada is the implied consent law. By driving here, you implicitly agree to submit to a chemical BAC test if arrested on suspicion of DUI.

Refusing this test will result in mandatory license suspension – even if you are later acquitted of the DUI charges!

That’s why it’s so important to take the chemical test if arrested, then fight the case in court with the help of your lawyer. Don’t make it easier for them by refusing.

Consequences Of A DUI Conviction

The penalties for a DUI conviction in Nevada get progressively more severe the more times you’re convicted. Some examples:

First Offense

• 2 days to 6 months in jail
• Fines up to $1,000
• License suspension up to 6 months
• DUI school

Second Offense Within 7 Years

• 10 days to 6 months in jail
• Fines up to $1,000
• License suspension 1-3 years
• DUI school
• Possible ignition interlock

Third Offense Within 7 Years

• 1-6 years in prison
• Fines up to $5,000
• License suspension 3 years
• DUI school
• Ignition interlock device mandatory

As you can see, the punishments ramp up quickly for repeat offenses. That’s why it’s so important to fight the charges from the start with an experienced DUI lawyer in your corner.

Finding The Right DUI Lawyer

If you are arrested for DUI, finding the right lawyer to defend you is crucial. Here are some tips on finding a good DUI attorney:

• Look for someone who specializes specifically in DUI defense, not just a general practice lawyer.
• Find someone familiar with the courts and prosecutors in the jurisdiction where you were arrested.
• Ask about their DUI trial experience – have they taken DUI cases to trial before?
• Be sure they have expertise in challenging breath and blood test evidence.
• Find out if they stay up to date on changes to DUI laws and defense tactics.
• Ask if they have experience defending DUI checkpoint cases specifically.
• Choose someone you feel comfortable with and who is responsive to your questions.

Don’t take chances with your future. The stakes are high in a DUI case, so do your research to have the best defense on your side.

Wrapping Up

I hope this overview has helped explain what happens at DUI checkpoints, how the various tests work, and your rights if you are detained or arrested.

Being arrested for DUI is scary, but knowing your rights and options can really help you keep a clear head. Listen to your lawyer’s advice and focus on building the strongest case possible.

With an experienced DUI lawyer representing you, it is possible to fight and beat a DUI charge stemming from one of these checkpoints. Don’t hesitate to get professional help on your side.

Well, that wraps up this guide on DUI checkpoints and testing procedures here in Nevada. Stay safe out there everyone! Let me know if you have any other questions.