What Are OWI/DUI Checkpoints?

Approaching a sobriety checkpoint, also known as an OWI checkpoint or DUI checkpoint, can be a stressful experience. If you are coming from dinner and have had a drink or two but feel sober and safe to drive, or from a required work social event in which alcohol was served, you may be concerned about whether you could actually be accused of operating a vehicle while intoxicated (OWI) by Indianapolis police. While some states have banned sobriety checkpoints, they are used frequently in others, including in Indiana. According to the Centers for Disease Control and Prevention (CDC), recent studies have shown that sobriety checkpoints “reduce alcohol-related crashes by 9 percent.” The CDC data suggests that sobriety checkpoints are most effective in preventing drunk driving collisions caused by male drivers between the ages of 21-34.

Given that sobriety checkpoints are touted as successful methods for reducing alcohol-related injuries, they remain relatively common. It is important for Indianapolis drivers to understand how OWI checkpoints work in Indiana, and what your rights are if you are arrested for an OWI after stopping at a sobriety checkpoint.

What Should I Expect to Happen at an OWI Checkpoint in Indianapolis? 

It is important to know what to expect at an OWI checkpoint so that you can be prepared. Essentially, these are set up as temporary roadblocks. Any vehicles traveling in and through the area of the roadblock will be stopped or diverted, and some vehicles will be selected for a stop and inspection. Motorists may be assessed for drunk driving or drugged driving, and drivers can be arrested if there is any evidence of unlawful activity in the open or if they agree to a vehicle search in which something is found.

Are OWI Checkpoints Actually Legal in Indiana? 

Yes, OWI checkpoints are lawful in Indiana when they are conducted according to the legal requirements. The US Supreme Court has ruled that properly conducted sobriety checkpoints are not in violation of the US Constitution, and the Indiana Supreme Court has similarly held that sobriety checkpoints in the state are lawful when they are properly conducted. Although drivers have argued that these checkpoints are unlawful as violations of the Fourth Amendment, the above courts have concluded otherwise.

What Are My Rights at an OWI Checkpoint? 

If you are stopped at an OWI checkpoint, you have important rights to know about. Police cannot stop you for an unreasonable amount of time. In addition, you have the right to decline a field sobriety test, to decline to respond to questions other than those to establish your identity, and you can say no if the police ask you to search your vehicle.

Contact an OWI/DUI Defense Attorney in Indianapolis 

If you were arrested for an OWI after going through a sobriety checkpoint in the Indianapolis area, it is important to seek legal advice from a criminal defense attorney. An experienced Indianapolis OWI/DUI defense lawyer at Rigney Law LLC can discuss options with you for defending against OWI charges arising out of a checkpoint stop. Contact us today to discuss your case and to begin building a defense tailored to your charges.

Sources:

nhtsa.gov/book/countermeasures-that-work/alcohol-impaired-driving/countermeasures/enforcement/publicized-sobriety-checkpoints#:~:text=The%20CDC’s%20systematic%20review%20of,et%20al.%2C%202009

caselaw.findlaw.com/court/in-supreme-court/1184209.html#:~:text=The%20Court%20of%20Appeals%20affirmed,Ct