Are DUI Checkpoints Used on New Year’s Eve?

New Year’s Eve wouldn’t be the same without a celebratory glass of champagne. However, the combination of alcohol and the holiday season has proven deadly in years past. The amount of DUI (Driving Under the Influence) charges on New Year’s Eve exceeds nearly every other day of the year, as do alcohol-related car accidents and overnight fatalities. DUI checkpoints are used on many occasions, including on New Year’s Eve, in an attempt to prevent intoxicated drivers from causing accidents, injuries, and death.

If you are arrested for driving under the influence you have several legal options. Reach out to an experienced New Jersey criminal defense attorney to learn more about your rights.

What is a DUI Checkpoint?

DUI checkpoints are temporary roadblocks set up by the police to allow law enforcement to screen drivers for signs of intoxication. Officers will stop random vehicles typically at a predetermined interval like every fifth car. The purpose of a DUI checkpoint is not to make more arrests, but instead to discourage drunk driving and remove offenders from the road before they can cause an accident and injure or kill themselves or an innocent person.

Are DUI Checkpoints Used on New Year’s Eve?

DUI checkpoints are generally set up along busy roads during holidays that are notorious for alcohol consumption. This includes days like the Fourth of July and yes, New Year’s Eve. New Year’s Eve is one of the biggest days of the year for alcohol consumption so DUI checkpoints serve as a beneficial tool that allows police to identify drunk drivers and get them off the road.

You may spot a DUI checkpoint during the holiday season in the days leading up to and following Christmas and New Year’s.

What Can I Expect During a Checkpoint?

You are not required by law to go through a checkpoint. They are not hidden and are in fact highly visible. If you spot one down the road you are within your rights to turn around or take a different route, given that you do not make an illegal U-turn or violate any laws. However, once you are at the checkpoint you must comply with the officer.

During the stop, you can expect the following.

• The officer will ask you to present your driver’s license, vehicle registration, and proof of insurance.
• The officer will likely run your information to check if there are issues associated with your vehicle or if there is a warrant for your arrest.
• You may be asked questions about where you are going, where you are coming from, or if you have had anything to drink. You are not legally required to answer any questions as you may invoke your right to remain silent.
• The officer may conduct field sobriety tests to determine whether or not you are impaired.
• The officer may ask you to submit to a breathalyzer. While you have the right to refuse there are associated legal consequences.
• The officer will examine you and your vehicle, using their senses to determine whether there is reason to believe that you are intoxicated.

If you are sober you will be let go. However, if the officer determines that you seem impaired or intoxicated you could be detained or arrested. Work with an experienced attorney to learn more about your legal rights and options.

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