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DUI Checkpoints in South Carolina: What Are Your Rights?

Posted by Tom Holland | May 02, 2023 | 0 Comments

Driving under the influence (DUI) is a serious crime in South Carolina, and law enforcement agencies are always looking for ways to catch intoxicated drivers before they can cause any harm to themselves or others. One tactic that has become increasingly common in recent years is the use of DUI checkpoints, also known as sobriety checkpoints.

DUI checkpoints are roadblocks set up by police officers to screen drivers for signs of impairment. They typically consist of a line of cones or barricades that force drivers to slow down and stop, where they are briefly questioned by officers who are trained to look for signs of intoxication. If a driver is suspected of being under the influence, they may be asked to perform field sobriety tests or take a breathalyzer test.

But what are your rights at a DUI checkpoint in South Carolina? Are police officers allowed to stop you without cause? Do you have to answer their questions or submit to testing? Today we'll explore these questions and more, so you know what to expect – as well as what you can and can't do – if you ever encounter a DUI checkpoint.

Are DUI checkpoints legal in South Carolina?

DUI checkpoints are legal in South Carolina, but they must comply with certain requirements set forth by the US Supreme Court. In the landmark case of Michigan Department of State Police v. Sitz, the Supreme Court held that sobriety checkpoints are constitutional if they are conducted in a way that minimizes intrusiveness and inconvenience to drivers, and if they serve a legitimate government interest in reducing drunk driving.

South Carolina follows these guidelines with their DUI checkpoints:

  • The checkpoint must be publicly announced in advance
  • The location and time of the checkpoint must be selected based on data and statistics related to drunk driving
  • The checkpoint must be set up in a way that minimizes inconvenience to drivers
  • Drivers must be detained for the shortest possible amount of time
  • Officers must follow a uniform procedure for screening drivers

If a DUI checkpoint in South Carolina does not meet these requirements, any evidence gathered as a result of the checkpoint may be inadmissible in court.

Your rights at a South Carolina DUI checkpoint

You may wonder just exactly what your rights are when you encounter a DUI checkpoint in Fort Mill or Rock Hill. Here's what you need to know:

You have the right to avoid the checkpoint

While DUI checkpoints are legal, you are not required to go through one. If you see a checkpoint up ahead, you have the right to legally turn around or take a different route. However, do keep in mind that if you choose to avoid the checkpoint, police officers may become suspicious and follow you or pull you over if you commit a traffic violation.

You must stop if a police officer directs you

If you do choose to go through the checkpoint, you must stop if directed to by a police officer. Failure to stop or follow the officer's directions can result in criminal charges.

You have the right to remain silent

Under the Fifth Amendment of the U.S. Constitution, you have the right to remain silent and not incriminate yourself. This means you are not required to answer any questions posed by a police officer at a DUI checkpoint, such as “Have you been drinking tonight?” or “Where are you coming from?”

It's important to remember that anything you say to a police officer can be used against you in court, so it's best to remain silent and politely decline to answer any questions.

You have the right to refuse a field sobriety test

Field sobriety tests are used by police officers to assess a driver's physical coordination and balance, which can be affected by alcohol consumption. However, these tests are notoriously unreliable and can produce false positives, even for sober drivers.

If a police officer asks you to perform field sobriety tests at a DUI checkpoint in South Carolina, you have the right to refuse. However, keep in mind that refusing to take a field sobriety test may result in your arrest or the suspension of your driver's license. In addition, if you refuse a field sobriety test, the officer may use that as evidence of your impairment in court.

You have the right to refuse a breathalyzer test

In South Carolina, the implied consent law requires drivers to submit to a breathalyzer test if they are suspected of driving under the influence. If you refuse to take a breathalyzer test at a DUI checkpoint, your driver's license may be suspended, and the refusal can be used against you in court.

However, it's important to remember that breathalyzer tests can also produce false positives, and it may be in your best interest to refuse the test and challenge the suspension of your license in court.

You have the right to a lawyer

If you are arrested at a DUI checkpoint in South Carolina, you have the right to legal representation. It's important to contact an experienced DUI defense attorney as soon as possible to protect your rights and build a strong defense.

Encountering a DUI checkpoint can be a nerve-wracking experience, but it's important to remember that you have rights under the US Constitution. If you encounter a DUI checkpoint, remember that you have the right to avoid it, remain silent, and refuse field sobriety tests and breathalyzer tests.

However, keep in mind that refusing tests may result in the suspension of your driver's license or your arrest, so it's important to weigh the pros and cons of refusing tests carefully.

If you've been arrested for DUI, it's important to take action immediately. Your future and your freedom are at stake, and you need an experienced DUI defense attorney on your side to protect your rights and fight for your best interests. At this critical moment, don't hesitate to reach out to a skilled lawyer who can guide you through the legal process, help you understand your rights, and build a strong defense strategy tailored to your specific case.

With the right DUI defense attorney on your side, you may be able to have the charges against you reduced or dismissed, avoid the serious consequences of a DUI conviction, and move forward with your life. Don't wait – contact Holland Law today to schedule a consultation and get started on your defense. Please call us in Fort Mill or Rock Hill today, or visit our contact page to schedule a consultation. We proudly serve the people of York, Chester, and Lancaster Counties.

About the Author

Tom Holland

Experienced Divorce, DUI, and Criminal Defense Attorney While I've been primarily focused on the practice of divorce and family law for the past decade, my experience as a criminal prosecutor has continued to serve my clients well. I previously served as the General Counsel for the Lancaster Cou...


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