The time of year is here when kids and adults alike get dressed up as their favorite superheroes, bad guys, horror movie stars, princesses, and more. Halloween is a time for trick or treating, candy, and sometimes, parties for the adults to enjoy. This isn’t a problem and should all be in good fun, but sometimes these parties include some drinking. That is why many law enforcement offices tend to increase their amount of DUI checkpoints.
It is important to know that with Halloween falling on a Saturday this year, there will most likely be plenty of parties. This means possible drunk drivers, as well. The increased amount of DUI checkpoints are used to prevent individuals from driving while intoxicated. If you have not been drinking, make sure to remain compliant at these DUI checkpoints. If you have been drinking, we recommend that you do not drive on this night.
Your Rights at a DUI Checkpoint
At a DUI checkpoint, you may be asked where you are coming from and where you are going. This is a simple question, but it is often used to get you to speak and may exhibit alcohol on the breath. You may also be required to provide regular information such as your driver’s license and registration. This is perfectly legal and you should comply. You must also comply if you are asked to pull over for more questioning.
Oftentimes, the officer is looking for behavior, body signs, speech problems, and coordination to see if the driver is intoxicated. They may also request you to participate in the standard field sobriety tests. Under Arizona law, these field sobriety tests are not mandatory. A breath test may also be requested and while you can refuse this test, it would result in a one-year suspension of your driver’s license, regardless of blood alcohol content (BAC) level.
If you are pulled over at a DUI checkpoint this Halloween, remember to stay calm and compliant. Any passengers should be instructed to do the same. Only comply with the tests or questions you must. You don’t have to mention where you have been, where you are going, or if you have had anything to drink.
At MayesTelles PLLC, we understand the way these DUI checkpoints are operated and we know that the amount of these will increase dramatically on Halloween. If you are arrested for or charged with a DUI, call our Phoenix DUI attorneys as soon as possible. We are here to defend your rights.