DUI Checkpoints – What You Need to Know

What Happens If I Don’t Stop at the Roadblock?

If you don’t stop at the roadblock, you can be arrested. Nevada law 484B.580 says that it’s unlawful to proceed through a DUI roadblock without stopping. Even if no one gets hurt, it’s a gross misdemeanor to travel through a roadblock without stopping. If someone gets hurt or you damage property, failing to stop at a roadblock is a category B misdemeanor that can result in up to six years in prison.

Can I Leave a Roadblock?

If you have a lawful way to exit the path of travel before you arrive at the roadblock, you’re free to exit. However, you can’t break traffic laws to get away from the roadblock. If you can lawfully turn, you can divert your vehicle away so that you never even get to the roadblock.

What Should I Do If I’m Stopped at a Roadblock?

Your best bet is to comply with Nevada law at all times. Nevada law prohibits driving under the influence of alcohol or driving with an alcohol level of .08 or higher per 210 liters of breath, or .04 for commercial drivers. It’s also illegal to drive under the influence of drugs.

When you’re at a roadblock, you may answer the officer’s questions, but you don’t have to. How you handle it is up to you. When you’re stopped by the police in Las Vegas, you must present your license, insurance, and registration.

However, you have a right to protect yourself against self-incrimination under the Fifth Amendment to the U.S. Constitution. You can refuse to answer the officer’s questions, and that should be legally defensible, but you can also try the strategy of politely answering the officer’s questions in hopes of making the stop as short as possible. There hasn’t been a Nevada Supreme Court case yet that involves a scenario where someone refused to answer any questions at a checkpoint.

Can I Just Put My License in a Plastic Bag and Put It Outside the Window?

You might wonder if you even have to roll down your window. You might have seen videos on the internet that suggest you should place your license in a plastic bag outside of the car window and refuse to roll down your window any further. It’s unclear whether it works in Nevada to put your license in a plastic bag and slide it through a crack in the window.

In Nevada, there is no test case where the Nevada Supreme Court has discussed how a driver must behave at a DUI checkpoint. Also, there’s nothing in the laws about checkpoints that speak to what drivers must do at a checkpoint. Until there’s a case challenging it, it’s still unclear about what happens when a person refuses to answer questions at all or sticks their paperwork in a plastic bag out the window.

How Can a Traffic Ticket Attorney in Las Vegas Help?

If you’ve been arrested at a DUI checkpoint, if you’ve been charged with failing to stop at a DUI checkpoint or you’ve been involved in a traffic crash, you will likely want to work with an attorney. A traffic ticket lawyer can help you evaluate the DUI checkpoint to see if it was lawful.

Even if it was lawful, the police might have exceeded their authority in questioning or in detaining you for additional investigation. When you’re facing a criminal charge, it’s important to look at all aspects of the offense to pursue every avenue to build your case and assert defenses.