DUI Checkpoints - Constitutionality and Your Rights
September 15, 2023
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TN DUI Checkpoints - Constitutionality and Your Rights

We’ve all seen YouTube videos, news stories, and websites dedicated to describing why DUI checkpoints are unconstitutional. While these videos and articles can be intriguing and sometimes even frightening, are checkpoints violating your constitutional rights?

The 4th Amendment

Many people believe that these checkpoints distinctly violate our 4th Amendment rights. The 4th Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

According to the state of Tennessee and the United States Supreme Court, DUI checkpoints do not violate the 4th Amendment. Based upon the Supreme Court case, Michigan Department of State Police v. Sitz, and Tennessee case, State of Tennessee v. Downey, the intent of keeping drunk drivers off of the road outweighs the slight intrusion and hindrance of residents.

In fact, the State of Tennessee considers checkpoints legal if the event is properly operated and supervised with the intent to minimize risk of arbitrary intrusion on individuals and limit the discretion of law enforcement at the scene.

DUI Checkpoint Tips

If you are not under the influence of alcohol or another illegal substance, you have nothing to worry about. Simply follow the instructions of the police officer and be polite.

On the other hand, if you are suspected of or arrested for being under the influence, you can use the following tips throughout the process:

  • Be courteous to the officer you are speaking with.
  • Proactively exercise your right to remain silent.
  • Do not consent to a search of your vehicle.
  • You have the right to refuse participation or performance in field sobriety tests.
  • If you decide to consent to a blood draw, remember to request an independent blood sample.

DUI Checkpoints TN

If you are arrested for DUI at a checkpoint in Tennessee, this does not mean that you do not have a defense to this charge. Various considerations, circumstances, and legalities can apply to your situation, which can help your case.

For example, the accuracy of the Breathalyzer and sobriety field tests can be questioned. Additionally, if you were pulled over for a minor traffic violation before your DUI arrest, this could be seen as an illegal stop that violated your rights. Many other legal considerations may apply to your case.

You may need more information about your DUI case, such as what is a TN sobriety checkpoint, what my rights are at a TN roadblock, or other DUI questions.

Contact a Lebanon, TN DUI Attorney

Hagar & Phillips Wilson County TN attorneys can help to seek justice for wrongful or unjust DUI charges. To learn more, we invite you to stop by our Lebanon office, contact us, or call 615-784-4588.‍

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
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