DUI Checkpoints - Constitutionality and Your Rights
September 15, 2023
Home » Insights »

TN DUI Checkpoints - Constitutionality and Your Rights

We’ve all seen YouTube videos, news stories, and websites dedicated to describing why DUI checkpoints are unconstitutional. While these videos and articles can be intriguing and sometimes even frightening, are checkpoints violating your constitutional rights?

The 4th Amendment

Many people believe that these checkpoints distinctly violate our 4th Amendment rights. The 4th Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

According to the state of Tennessee and the United States Supreme Court, DUI checkpoints do not violate the 4th Amendment. Based upon the Supreme Court case, Michigan Department of State Police v. Sitz, and Tennessee case, State of Tennessee v. Downey, the intent of keeping drunk drivers off of the road outweighs the slight intrusion and hindrance of residents.

In fact, the State of Tennessee considers checkpoints legal if the event is properly operated and supervised with the intent to minimize risk of arbitrary intrusion on individuals and limit the discretion of law enforcement at the scene.

DUI Checkpoint Tips

If you are not under the influence of alcohol or another illegal substance, you have nothing to worry about. Simply follow the instructions of the police officer and be polite.

On the other hand, if you are suspected of or arrested for being under the influence, you can use the following tips throughout the process:

  • Be courteous to the officer you are speaking with.
  • Proactively exercise your right to remain silent.
  • Do not consent to a search of your vehicle.
  • You have the right to refuse participation or performance in field sobriety tests.
  • If you decide to consent to a blood draw, remember to request an independent blood sample.

DUI Checkpoints TN

If you are arrested for DUI at a checkpoint in Tennessee, this does not mean that you do not have a defense to this charge. Various considerations, circumstances, and legalities can apply to your situation, which can help your case.

For example, the accuracy of the Breathalyzer and sobriety field tests can be questioned. Additionally, if you were pulled over for a minor traffic violation before your DUI arrest, this could be seen as an illegal stop that violated your rights. Many other legal considerations may apply to your case.

You may need more information about your DUI case, such as what is a TN sobriety checkpoint, what my rights are at a TN roadblock, or other DUI questions.

Contact a Lebanon, TN DUI Attorney

Hagar & Phillips Wilson County TN attorneys can help to seek justice for wrongful or unjust DUI charges. To learn more, we invite you to stop by our Lebanon office, contact us, or call 615-784-4588.

The information provided on this blog is meant for general informational purposes only and should not be construed as medical or legal advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of the blog content. Any reliance on this information is at your own risk. This blog may discuss legal topics, but for advice specific to your situation, consult a qualified attorney. We do not assume responsibility for actions taken based on the information herein. We are not liable for any losses or damages resulting from the use of this blog. Links to other websites are not endorsements, and technical issues may affect blog availability. By using this blog, you agree to this disclaimer. Hagar Phillips Attorneys At Law
Recent Articles |  View All
Understanding TN DUI Laws: Frequently Asked Questions Video
Understanding Tennessee DUI laws can often seem complicated. Our latest video aims to clarify this topic by answering five commonly asked questions about DUI laws. From explaining the meaning of 'DUI' and the legal limit for blood alcohol content (BAC) in Tennessee to discussing the potential penalties for first-time and subsequent offenses, we provide a comprehensive overview. We also discuss the possibility of defending against a DUI charge in court.
Read Post
Debunking Divorce Myths: 5 Essential Questions Answered Video
Navigating the complexities of divorce can be challenging. In our latest video, we debunk some common myths and answer frequently asked questions about divorce. We discuss misconceptions about property division, the necessity of mutual agreement for divorce finalization, spousal support, how the length of a marriage can affect the divorce outcome, and the crucial first step in filing for divorce.
Read Post
Empowering Nurses: Understanding Your Rights and Safeguarding Your License Video
Navigating the complexities of licensure issues can be challenging for professionals, including nurses, MDs, DOs, and Occupational Therapists. In our latest video, we delve into this topic by answering five key questions related to the impact of criminal charges on professional licenses, the role of legal counsel, how crime nature affects consequences, steps to take when facing a criminal case, and how an attorney specializing in nursing licensure issues can assist. Learn more with this video.
Read Post