Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
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- Personal Injury FAQs
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- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served
What To Do If You Encounter A DUI Checkpoint On Pennsylvania Roads

You’re heading home from a night out with friends when traffic suddenly slows. Through the sea of taillights, you can barely make out the police flashers up ahead. But it’s not an accident. A large sign warns “DUI Checkpoint In Progress.” And your heart pounds.
You’ve had a drink or two – or maybe more than a few – over the course of the evening. You feel fine to drive, but how can you be sure? Spending a night in jail is NOT on your agenda.
If you ever find yourself in this situation, it’s important to know your rights. The more informed you are going in, the better your chances of avoiding the long and difficult road of DUI charges.
When And Where Checkpoints Happen
Police can’t simply stop cars at random. Thanks to the Fourth Amendment, there are constitutional limits on how sobriety checkpoints can be conducted. This means:
- Checkpoints may only be in place for a limited amount of time. They can’t go on indefinitely.
- Checkpoints must be limited to locations that are high-risk for drunk driving (based on data from past occurrences).
- Police must publicly announce the checkpoint at least a few days in advance.
- Traffic stops must be brief and limited to the sole purpose of sobriety checks. They can’t be used for other purposes.
- There must be adequate signage at the site alerting motorists of a checkpoint up ahead.
In addition, police can’t pull over cars willy-nilly. They must adhere to predetermined guidelines on which cars to stop (and these guidelines can’t be discriminatory or preferential).
When You See A Checkpoint Up Ahead
It’s important to know that you have the right to turn around or take an alternate route to avoid the checkpoint – provided you can do so without violating any traffic laws.
Police often post a squad car near the checkpoint entrance. This subtle intimidation tactic discourages drivers from turning off. However, if you’re confident you can make a legal U-turn or turn onto another road, you have every right to so.
Yes, if you turn off, the squad car can follow you on public roads. They may watch to see if you’re driving erratically or breaking traffic laws. But they can’t pull you over just because you avoided the checkpoint – by itself, that’s not enough to legally justify a traffic stop.

When You Enter The Checkpoint
If there’s no legal way to avoid the checkpoint, you have no choice but to proceed. It’s important to stay calm and collected. Don’t do anything to draw unwarranted attention to yourself.
If police ask you to stop and roll down your window, you must comply. They may ask for your driver’s license, registration and proof of insurance. Again, you must comply with these requests.
Beyond that, however, you don’t need to say anything else. In fact, the less you say, the better.
Many people who end up in jail after a DUI checkpoint are there because they couldn’t keep their mouths shut. Don’t make that same mistake.
When the police ask if you’ve been drinking – or where you’ve been, or what you’ve been up to – politely decline to answer. And certainly don’t volunteer any information. You can’t be punished for exercising your right to remain silent, but you can face harsh punishments if you say something that is later used to convict you.
What If You’re Asked To Do A Field Sobriety Test At The Checkpoint?
If the officer asks you to “walk the line,” stand on one foot or participate in other field sobriety tests, you can absolutely refuse. There are no penalties for saying no. In fact, there are no upsides to saying yes – only risks. Because these tests are unscientific and often inaccurate, they can lead to an arrest even if you haven’t had a single drink.
What About Breath Tests?
Police often carry portable breath tests that estimate drivers’ blood alcohol levels. These tests are different from the certified Breathalyzers at police stations. They’re less accurate and, therefore, not admissible in court. Police officers only use them to establish probable cause for an arrest.

As a result, you have the right to say no to a portable breath test. And you can’t be punished for exercising this right.
Don’t give the police grounds to arrest you by submitting to a portable breath test. You have the right to refuse.
A different situation arises if you’re under arrest and asked to submit to an official Breathalyzer test or other chemical testing. At this point, you can still refuse, but you’ll face an automatic 12- or 18-month suspension of your driver’s license (on top of any DUI penalties if the state can establish a conviction by other means). The penalties for refusal are harsher if you have a prior DUI conviction.
After An Arrest
Suppose you find yourself in the worst-case scenario: lockup. Now is the time to contact a lawyer. And, of course, exercise your right to remain silent.
The sooner you get a trusted defense attorney on your side, the better your chances of avoiding substantial costs to your freedom and finances.
Criminal Defense
- Your Legal Rights
- Criminal Defense FAQs
- Civil Rights Violations/Police Brutality
- College Crimes
- Drug Crimes
- Drug Crimes FAQs
- When Does Drug Possession Become Drug Trafficking?
- Defenses to Drug Trafficking In Pennsylvania
- Conspiracy To Traffic Drugs
- Cocaine Crimes
- Drug Paraphernalia Charges
- Drug Possession Charges
- Heroin Crimes
- Intent To Deliver Charges
- Marijuana Crimes
- MDMA
- Meth Crimes
- Prescription Drug Crimes
- Fentanyl Drug Crime
- Student Drug Charges
- DUI/DWI/Impaired Driving Crimes
- DUI Basics
- Defending DUI cases
- First-Offense Penalties
- Penalties For Multiple DUI Convictions In Pennsylvania
- Driving Under The Influence Of Marijuana
- Driving Under The Influence Of Prescription Drugs
- Aggravated Assault While DUI
- Vehicular Homicide Via DUI
- Leaving The Scene Of An Accident
- State Of DUI Law After Birchfield
- Federal Crimes
- Computer And Internet Fraud
- Federal Drug Trafficking
- Federal Sex Offenses
- Federal Conspiracy
- White collar crimes
- Arrest, Indictment And Arraignment
- Gun Possession And Federal Drug Crimes
- Federal Tax Fraud
- Money Laundering
- Insider Trading
- Federal Sentencing Guidelines
- Federal Government Investigations
- Federal Crimes FAQs
- Federal Crimes Versus State Crimes
- Felony Charges
- Juvenile Crimes
- Pennsylvania Criminal Law Information
- Accelerated Rehabilitative Disposition (A.R.D.)
- Arrest Warrants
- Chester County Common Pleas Judges
- Chester County District Justices
- Federal Grand Jury
- Helpful Links
- Indicting Grand Juries
- Mandatory Sentencing Laws
- Montgomery County District Justices
- Pennsylvania Courts
- Preliminary Hearings
- Preliminary Arraignment
- Post-Conviction Related Issues
- Professional License Defense
- Representation Of Public Officials & Grand Jury Investigations
- Sex Crimes
- Sex Crimes FAQs
- What Constitutes A Sexual Offense?
- When Should I Call A Lawyer For A Sex Crime
- How To Avoid Conviction For A Sex Crime
- Sexual Assault
- Statutory Sexual Assault
- Indecent Assault
- Title IX Sexual Assault Defense
- Aggravated Indecent Assault
- Rape
- Involuntary Deviate Sexual Intercourse (IDSI)
- Indecent Exposure
- Prostitution
- Internet Sex Crimes
- Child Pornography
- False Allegations Of Child Sex Abuse
- Sex Crimes Against Minors
- Solicitation Of A Minor
- Corruption Of Minors
- Child Endangerment
- Children Youth And Families Investigations (CYS Investigations)
- Megan’s Law
- Statutory Rape
- Sex Crimes Involving Teachers
- Sex Crimes Trials
- Sexually Violent Predator Hearings
- Theft Crimes
- Violent Crimes
- Aggravated Assault Of An Unborn Child
- Pennsylvania Law On Self-Defense
- Domestic Violence Charges
- Protection from Abuse (PFA)
- Restraining Order Violations
- Murder
- What’s The Difference Between First- And Second-Degree Murder?
- First-Degree Murder
- Second-Degree Murder
- Third-Degree Murder
- Attempted Murder
- Manslaughter
- Terroristic Threats
- Weapons & Firearm Charges
- Kidnapping
- Communities Served
Civil Litigation
Personal Injury
- Personal Injury FAQs
- Auto Accidents
- Bicycle Accidents
- Car Accidents Involving Uninsured Drivers
- Drunk Driving Accidents/Dram Shop Liability
- Hit-And-Runs
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Slip-And-Fall Injuries
- Texting and Distracted Drivers
- Victims Of Crimes
- Victims Of Crimes FAQs
- What Are Crime Victim Rights in Pennsylvania
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
- Wrongful Death Lawsuits
Victims of Crime
- Victims Of Crimes FAQs
- What is the Crime Victims Compensation Fund/Program?
- How Does Crime Victims Compensation Work in Pennsylvania?
- Civil Claims For Crime Victims
- Can I Sue For Sexual Assault or Rape in Pennsylvania?
- Sex Assault Victims
- Victims Of Child Sexual Abuse
- Victims Of Day Care And Foster Care Mistreatment
- Victims Of School Bullying
- Victims Of Title IX Sexual Assault
- Can I Sue My Employer For Being Assaulted at Work?
- Workplace Violence
- Victims Of Crime Due To Negligent Security
Professional License Defense
Communities Served