Category Archives: DUI Nevada

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4 Types of Checkpoints You Might Encounter in the US

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Different checkpoints have different purposes but their main goal is to enforce the law and to ensure that citizens would comply with the law. Here are some types of checkpoints that you might encounter in the US.

Sobriety Checkpoints

1This type of checkpoint is where officers usually check if the driver is impaired from drinking or from other substances. This is where DUI arrests usually happen. Usually, you would see sobriety checkpoints during the time when DUI/DWI cases are rampant such as holidays, weekends, events within the area, etc. (Source: AAA DUI Justice Link)

Witness Checkpoints/Information-seeking Checkpoints

5The purpose of this checkpoint is not to catch criminals. Their purpose is to gather information from about recently committed crimes within the area. Policemen usually ask for assistance from the public in identifying vehicles or people that could be involved in a crime or accident. (Source: Criminal Procedure by Joel Samaha)

Driver’s License Checkpoints

6The objective of this checkpoint is to make sure that the driver’s license of the motor vehicle driver is not fake nor expired. It could be unconstitutional if the checkpoint does not have legitimate reason for setting up the checkpoint. It could only be constitutional if the driver’s license checkpoint was conducted in a predesignated manner. (Source: The Police Chief)

Border Patrol Checkpoints

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These checkpoints are usually located in hidden areas. But you could expect them in several parts of northern and southern Border States such as California, Texas, Arizona, Alaska, Michigan, New York, and many others. This type of checkpoint usually requires drivers to verify their residence status or present documents that prove their right to be in the United States. (Source: ACLU)

Just remember, the authorities are allowed to use roadblocks for specific purposes. The legality of a checkpoint depends on its primary purpose. For instance, a general crime control checkpoint is a Fourth Amendment violation because it is not valid.

Advice for DUI Checkpoints

DUI roadblocks or checkpoints can be a source of annoyance for everyone, and a cause of concern for those who have been drinking, even if their alcohol consumption was minimal. This article was written to help drivers prepare in advance so they know what to do if they encounter them during their travels.

If you encounter problems, especially if you believe that you were not driving under the influence or well below the limit, a  DUI lawyer can help you defend your rights.

DUI checkpoints are frequent during events, the holidays, weekends, and late evenings

It’s a given that police will set up these DUI roadblocks whenever large groups of people will be involved. Otherwise, they’ll be setting their trap in locations with heavy vehicle traffic, or places where bars, or restaurants are frequent. Avoid going to these locations if you don’t want to run into these roadblocks.

The police usually announce when and where they’re planning to put up roadblocks

The police are not required, but they usually notify the public if they’re setting up checkpoints in the future. People have used this fact to inform other drivers about the locations of these checkpoints using social media or applications. If you encounter a checkpoint that’s random or unannounced, or have failed to follow the strict rules and guidelines for a stop, it may be illegal.

Turning away from DUI checkpoints, not illegal, but not a good idea either

While there’s nothing illegal if drivers turn away from checkpoints, it only gives the police a reason to chase them anyway. Most likely, police officers will stop these drivers using other reasons (i.e. traffic violations), so it’s often wiser to pass through the stop even though it’s a hassle.

Changing drivers before DUI stops

Changing drivers is ill-advised because the police will likely notice the change, and other drivers may also mention this fact to the police.

Driving through DUI roadblocks is illegal

Of course, driving through a DUI roadblock without stopping is illegal, and the driver may face legal penalties and jail time.

Knows your right! – Here is a Viral Video of a DUI checkpoint.

General Info about DUI in Nevada

In Nevada, driving under the influence is a serious crime – anyone who has committed DUI can be arrested, convicted, and face harsh penalties. If you or someone you know were arrested for DUI in Las Vegas, then please contact an attorney at once. The intent of this article is to inform and educate, and should not be taken as legal advice or counsel.

How arrests happen

DUI cases always start with the arrest, which is caused by a police officer having a reasonable suspicion that a driver is committing DUI. For example, the officer may notice the driver’s erratic driving (i.e. swerving or stopping/starting randomly) or they took action because they have received reports from the police dispatcher about someone driving while intoxicated.

DUI is not limited to alcohol or land vehicles

People may not know that DUI is not only limited to alcohol; it also applies to drugs too. Furthermore, DUI is also not limited to land vehicles such as cars; one can be arrested for boating while intoxicated.

DUI – different names, same meaning

DUI is also known as driving under the influence, driving while intoxicated (DWI), intoxicated driving, and inebriated driving.

DUI is composed of different laws

While “driving under the influence” seems descriptive enough, it does not take into account other factors like a person’s alcohol tolerance, or their reactions to various drugs; therefore, various laws exist to support DUI:

Illegal Per Se Law – Alcohol consumption means the alcohol will eventually end up in the consumer’s breath, urine, or blood. As a result, various tests and equipment have been created to measure the defendant’s blood alcohol content or BAC and suggest a legal safe limit.

The maximum BAC level for most drivers is 0.08%, but commercial drivers have a legal limit of 0.04%. Minors (below 21 years old) have a lower BAC limit, with a maximum of 0.02%.

Implied Consent Law – As soon as a driver gets behind the wheel, they automatically imply that they have given their consent to be tested for their BAC. If the driver refuses, the police can arrest them or even use force to take blood or breath samples from them.

Open Container Law – This law makes it illegal to have any open alcoholic beverages in the vehicle, even if the driver wasn’t planning on drinking it.