Drivers and DUI Checkpoint Rights

JACKSON, Tenn — With the holiday season in full swing, law enforcement agencies will be on the look out for drunk drivers. Law enforcement officers crack down on this type of crime through extra patrols and DUI checkpoints. Right now, there is a YouTube video circulating, shot right here in Tennessee, raising questions if rights are being violated at these checkpoints. The video shows a group of young men aggressively questioning their rights at a DUI checkpoint. While law enforcement officers are attempting to deter drunk drivers and keep the roads safe, the video raises questions about what rights drivers really do have at sobriety stops. “You’re not required by law to do anything, as far as answer questions or submit to test or submit to a blood test,” criminal defense attorney Mark Donahoe told WBBJ 7 Eyewitness News Friday. Donahoe said drivers still have plenty of rights. “You can avoid a checkpoint,” Donahoe explained. “You can turn around before you get to the checkpoint as long as you don’t commit a traffic violation.” Many local drivers say despite the inconvenience, they are still in favor of DUI checkpoints. “I do think it’s necessary because I do know people who have had family members killed by drunk drivers, so, I’m pro checkpoint,” Jackson resident, Mickey Newson said. “I think it’s a good thing,” said Jackson resident Tina Gage. “I think it’s important that we stop people from drinking and driving, so I think they’re a good thing.” Several checkpoints are scheduled through the holidays. By law, the locations have to be released by law enforcement well in advance. However, lawyers and officers agree, the best advice to avoid a DUI, is to simply not get behind the wheel if you’ve been drinking.




