Driving while intoxicated (DWI) charges in Arkansas may arise due to a traffic collision or a one-on-one traffic stop. State law also permits local police departments to conduct DWI checkpoints, also known as sobriety roadblocks.
Motorists who encounter DWI checkpoints need to understand their rights and how to respond to mass enforcement efforts of impaired driving statutes.
What are the requirements for a legal DWI checkpoint?
Many law enforcement agencies conducting sobriety checkpoints make announcements about upcoming checkpoints in advance. Checkpoints are especially common around major holidays or when conducted in conjunction with Drive Sober campaigns.
They do not need to provide advance notice for a checkpoint to be legal. Police departments do need to have a written plan approved by management. They must erect signage and ensure that the checkpoint is visible and well-lit. Typically, they also need to select locations and times where DWI risk is higher than average. They also need to maintain a neutral stopping pattern to prevent abuses of officer discretion and unnecessary delays for motorists.
What happens at a checkpoint?
Checkpoints serve as a cursory screening device for law enforcement professionals. They can briefly interact with each driver passing through the checkpoint by checking their license and registration. During that interaction, they can ask questions, although drivers can decline to answer invasive questions.
Officers who spot signs of impairment may ask the drivers to move to a secondary area for additional screening. That is when drivers may have to submit to testing. Officers may request that drivers perform field sobriety tests. They may also ask drivers to submit to breath tests. Pre-arrest chemical testing and field sobriety testing are voluntary, meaning that drivers can decline those tests.
After an arrest, refusing a chemical test is a violation of implied consent laws that could lead to a driver’s license suspension and other penalties. Drivers who are 21 or older can face DWI charges for a blood alcohol concentration BAC of 0.08% or clear signs of impairment. Drivers under 21 are at risk of a driving under the influence (DUI) charge if their BAC test results are between 0.02 and 0.079%.
Drivers can potentially take reasonable steps to avoid a checkpoint as they approach it. They can reroute or turn in a safe and legal manner to avoid a checkpoint. However, if officers notice them conducting illegal traffic maneuvers or if they demonstrate observable impairment, they may then face a one-on-one traffic stop. Police officers can also arrest those stopped at checkpoints due to the driver not having a driver’s license, invalid insurance or an outstanding warrant.
Those facing DWI or DUI charges because of a checkpoint stop may need assistance preparing to fight those allegations. Consulting with an Arkansas criminal defense attorney can help those arrested at a sobriety roadblock.