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Sobriety Checks Points Coming in Virginia at End of Year

Sobriety checkpoints are popular during holiday weekends. Never more so than in the "Holiday Season" before Christmas and after New Year's Day.

While they serve a good purpose in identifying drivers who should have taken a taxi, no one wants to be subjected to them if they've just left a party and had some eggnog, a glass of wine, or a beer.

What to do, then, you may ask, if caught in  one of these checkpoints on your way home?

Well, if you try to avoid it, you're likely to be pursued and stopped by one of the extra officers assigned to these details to round up folks who do just that.

The best thing to do is to be cooperative as you can without throwing away your chances of a fair trial.

Officers are allowed to stop cars at these checkpoints pursuant to a pre-approved plan, and they have to follow that plan. While they can stop every car if that is called for in the plan, they will usually stop  every second or third car on busy exits or highways. It is wise to count who is allowed through and which cars are stopped. And then ask the officer (if you're stopped), what the plan calls for.

If you are directed to the side where the DUI officers are waiting, you will be asked whether you've been drinking, and how much. You do not have to answer that, and better serve yourself if you decline to answer. You may be threatened, but don't give in. You still have rights!

You make be asked to step out of the car to perfrom Field Sobriety Tests. Again, you do not have to do these, and can decline. But do so respectfully. After all, these officers are doing their jobs, there should be no personal animosity expressed by them to you, or by you to them.

If asked to take a preliminary breath test at the scene, you may want to decline to do that as well. It is your right to do so! The officer should tell you that this test is voluntary and cannot be used in court. That is not completely true. If your attrorney tries to attack the probable cause for your arrest at trial, the preliminary breath test can be introduced as evidence to prove the officer had probable cause to arrest you.

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Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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