We know that driving in New York State can be stressful, especially since police on Long Island closely monitor traffic violations. Law enforcement is particularly strict when it comes to drunk driving, and the consequences and cost of being convicted of a DWI can be life-changing. Suppose you are stopped on the road in NY at an intoxication checkpoint. In that case, it is important to know whether the officer had the right to set up the DWI checkpoint, to begin with, if the checkpoint was conducted legally, and what you can legally be compelled to do in this situation.
If you’ve been stopped at a police checkpoint, questioned, and arrested for drunk driving, consider seeking the help of Jason Bassett, a highly regarded Long Island DUI/DWI attorney. For many years, Mr. Jason Bassett has been providing assertive legal representation to individuals who have been charged with drunk driving offenses. At the Law Offices of Jason Bassett, P.C., our Long Island DUI/DWI attorney can assist in constructing a robust legal defense against your charges. Contact us today at (631) 259-6060 to schedule a free consultation.
What is a DWI Checkpoint?
A DWI checkpoint, sometimes called a “sobriety checkpoint” or “DUI roadblock”, is a location set up by law enforcement to stop vehicles, make observations, and test drivers for alcohol or drug intoxication.
Police must run the checkpoint under a pre-established plan set by supervisory personnel that uses neutral selection criteria. For example, stopping every vehicle or every third vehicle. Field officers must follow that plan and may not exercise unfettered discretion; any adjustments should be authorized by supervisors and consistent with the plan’s safety/traffic provisions.
At a DUI checkpoint, safety should come first. You should see cones, clear lanes, and officers directing traffic so you can stop or keep moving without confusion. You should also see warning signs posted along the road that tell you a checkpoint is ahead.
If you get stopped and arrested at a checkpoint, a DWI lawyer can look closely at what happened. We can challenge the stop, the detention, and any testing. If the officer lacked lawful grounds to hold you, some evidence might be kept out of court. That could make a big difference in your case.
Can Police Legally Set Up a DUI Checkpoint in New York?
In New York, it is perfectly legal for police departments to set up sobriety checkpoints where officers may stop and check drivers for a short time to find out if they are driving in a state of intoxication. However, these checkpoints have to conform to the legal limitations placed upon them and must be conducted in a fair and impartial manner.
Under New York law, DUI checkpoints are only legal so long as the police do the following:
- Stop drivers at the checkpoint only for a reasonable amount of time.
- Set up proper safety precautions, including adequate lighting and fair warning of the checkpoint’s existence.
- Use a predetermined random formula or pattern for which cars to stop.
What Do Police Look for at DWI Checkpoints?
At a DWI checkpoint, officers make brief, uniform stops to screen drivers for impairment. When you roll up, they watch your approach and the first seconds at the window. They look for the odor of alcohol or cannabis, bloodshot or glassy eyes, slurred speech, fumbling for license and registration, and open containers in view. They also note inconsistent answers to simple questions, unsteady hands, and difficulty following directions.
If any of those signs appear, the stop can shift into a short investigation. You may be asked to step out and perform standardized field sobriety tests like Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. Officers record specific clues such as poor balance, misses on heel to toe, using arms for balance, or eye jerking as you track a stimulus. Only an evidentiary chemical test (breath, blood, urine, or saliva) measures BAC under New York’s implied-consent law; a roadside breath screen may be used to decide whether to request that evidentiary test after arrest.
Police can also check legal compliance, such as valid license and registration, seatbelt use, child restraints, and any equipment violations. The process is meant to be visible, brief, and neutral in how drivers are selected.
If you are stopped on Long Island, a defense lawyer can review if the checkpoint complied with New York rules, if your detention moved beyond a quick screen without proper cause, how the tests were given, and the accuracy of the breath testing device. You can provide ID and insurance and decline other questions. Careful review can lead to suppressed evidence or reduced charges.
Long Island DUI/DWI Attorney – Law Offices of Jason Bassett, P.C.
Jason Bassett, Esq.
Jason Bassett, Esq. is a seasoned Long Island DUI/DWI and criminal defense attorney who has spent his career standing up to powerful institutions, from police departments and prosecutors’ offices to government agencies and insurers. With more than 21 years of experience in New York state and federal courts, he brings a sharp trial mindset and relentless advocacy to every case, from first-time DWI charges to complex felonies and civil rights actions for victims of excessive force or false arrest.
Mr. Bassett’s background on both sides of the courtroom gives clients a decisive edge. A former Assistant District Attorney in Queens and Special Assistant Attorney General in New York’s Medicaid Fraud Control Unit, he also served in senior public-safety and municipal counsel roles in Suffolk County and the Town of Islip. Educated at Boston College Law School (J.D., 1999) and the University of Pennsylvania (B.A., 1994), he is admitted in New York, the U.S. District Courts for the Eastern and Southern Districts, and the U.S. Court of Appeals for the Second Circuit, and is an active member of NACDL, NYSACDL, the Suffolk County Criminal Bar Association, the Federal Bar Council, and the National College for DUI Defense.
Are DWI/DUI Checkpoints Constitutional?
The legality of DWI checkpoints has been affirmed under certain conditions in New York. The landmark decision in the case of People v. Scott, 63 N.Y.2d 518, 483 N.Y.S.2d 649, 473 N.E.2d 1 (1984), which addresses the constitutionality of these checkpoints, sets forth clear criteria that must be met. According to this ruling, DUI checkpoints are constitutional if they:
- Minimize Intrusion: The checkpoint must not excessively intrude upon a motorist’s privacy. This involves ensuring that the duration and nature of each stop are reasonable.
- Follow Uniform Procedures: There must be standardized procedures that limit the discretion of the officers conducting the stops. This standardization allows all motorists to be treated equally and the implementation of the checkpoint to be impartial.
- Use Adequate Precautions: Checkpoints must be safely executed, including proper lighting, visible signs, and clear indications that a sobriety checkpoint is ahead.
These guidelines suggest that while DWI checkpoints can potentially infringe on personal freedoms, they are deemed constitutional if conducted in a manner that respects legal boundaries and prioritizes public safety. For Long Island residents, being familiar with these legal frameworks can help clarify the extent to which law enforcement can use such measures to combat drunk driving. This adherence to specified legal standards is critical in justifying the operation of DUI checkpoints under the Constitution.
Do I Have to Show ID at a DUI Checkpoint in NY?
When approaching a DUI checkpoint in New York, it is important to be aware of your obligations and the expectations of law enforcement officers. Yes, you are required to show your ID at a DUI checkpoint. Upon stopping, police officers are likely to ask for your full name, driver’s license, and vehicle registration.
Compliance is required by law. New York requires drivers to exhibit a valid driver’s license on demand. Failure to exhibit is presumptive evidence of not being duly licensed, and you may be required to produce registration and an insurance ID card when asked. Officers may issue a summons or other enforcement action if you don’t produce the requested documents. You may lawfully avoid a checkpoint if you do so without committing a traffic violation; once you’re in the checkpoint lane, you must present your documents if requested.
The purpose of a DUI/DWI checkpoint is to help ensure the safety of all road users by identifying and taking appropriate actions against impaired drivers. Providing your ID promptly can facilitate a quick and efficient checkpoint process for everyone involved.
Do I have Legal Rights at DUI Checkpoints?
Motorists have important rights at sobriety checkpoints. Officers cannot search you or your vehicle without consent, a warrant, or probable cause.
You may lawfully turn away from a checkpoint if you do so without committing a traffic violation; avoidance by itself is not grounds to stop you, though police may follow you and stop you if you commit a traffic infraction or if reasonable suspicion develops. You must provide your driver’s license and registration (and, if requested, proof of insurance).
Field sobriety tests are voluntary and assess impairment; only a chemical test measures BAC. If you refuse a post-arrest chemical test, your license is immediately suspended and, after a DMV hearing, can be revoked for at least one year with a civil penalty under VTL §1194.
You may decline to answer investigatory questions beyond identification. There is a limited right to consult counsel if you ask before deciding on a chemical test, so long as it does not unduly delay the test.
| Subject / Situation | Motorist’s Rights | Obligations or Consequences |
|---|---|---|
| At sobriety checkpoint | Police cannot search you or your vehicle without consent, a warrant, or probable cause. | You may turn away from a checkpoint if you do not commit a traffic violation. |
| Documentation and questions | You may decline to answer investigatory questions beyond identification. | You must provide your driver’s license and registration, and proof of insurance if requested. |
| Field sobriety tests | Field sobriety tests are voluntary. | You may decline these tests; only a chemical test measures BAC. |
| Chemical test after arrest | You can refuse a chemical test. | Your license is immediately suspended and may be revoked for at least one year with a civil penalty. |
| Consulting counsel (chemical test decision) | You may ask to consult a lawyer before deciding on a chemical test if it does not unduly delay the test. | Police do not have to wait if the request would cause undue delay of testing. |
What Should You Do If You Are Arrested at a DWI Checkpoint?
If set up and conducted properly, sobriety checkpoints can be an effective way to help ensure safer roads and eliminate intoxicated driving. However, police cannot trample all over your rights in the name of public safety and must carefully follow the laws governing checkpoints.
If you are looking for the best possible defense strategy after being detained at a DUI checkpoint on suspicion of drunk driving, working with an experienced Long Island DUI/DWI attorney can offer invaluable guidance and support. Contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 for a free consultation with Jason Bassett, a top-rated New York DWI lawyer.