Las Vegas has one of the busiest road networks in the country. Its most traveled routes have a combined annual average of over 300,000 different vehicle types on regular days alone. Of course, the pandemic did slash the number of motorists plying the highways and smaller streets, but there was still significant volume to consider. As life slowly returns to normal in Las Vegas, traffic is expected to return to pre-pandemic numbers as well, which can mean one more thing: a return to increased risk of DUI in Las Vegas.
Despite the fact that the pandemic did not entirely eliminate the instances of drunk driving in the city, the current situation hints at a possible return to previous conditions. Law enforcement are keen to prevent this, of course, and will aim to redouble their efforts with DUI traffic stops at busy intersections and road segments. If you've been cooped up working at home for most of the past year and are about to go out and driving again after a long time, it's a good point to review on how DUI stops in Las Vegas work.
First Off, DUI Checkpoints
DUI checkpoints are basically administrative checkpoints laid out by law enforcement to check on the driving populace and confirm that they are not on the road while under the influence. In its basic form, it would involve a number of police vehicles and highly-visible temporary markers on the road indicating that a checkpoint is currently in effect. DUI checkpoints are mandated to be visible to oncoming traffic from 100 feet away, from both sides of the road.
What some people may not know is that there have been several legal challenges in the past to the practice across different states, including Nevada. The commonly-cited argument relates to the Fourth Amendment, which protects citizens against illegal search and seizure. The arguments against DUI checkpoints were finally put to rest after a 1990 Supreme Court decision states that DUI checkpoints are legal on the grounds of public safety, especially in areas where such cases are rampant.
Key Points to Remember
When you finally get back on the road again, you might find yourself getting caught in a queue for a traffic stop. If you do, you need to remember these points:
- DUI stops happen because police officers have reasonable suspicion to halt a driver at the checkpoint.
- Reasonable suspicion is reached when police officers observe a list of criteria for the suspected driver. These commonly included erratic driving, frequent braking, or unexplained stopping in the middle of the road.
- Officers can consider if a driver is inebriated through breathalyzer tests, field sobriety tests, and blood sampling.
- You can choose to refuse a sobriety/BAC test, but it automatically invokes the implied consent law, which puts you at risk of losing your license temporarily, even when you get a not-guilty verdict should you go to court.
Do You Need a DUI Lawyer for a DUI Stop?
You might get the knee-jerk reflex to call for legal representation should you end up in a Las Vegas DUI traffic stop. After all, you might be planning to avoid taking a sobriety test and expect to be booked for a hearing.
However, DUI traffic checkpoints do not equate to police taking suspected drivers into custody. The arrest only happens when the officers have reasonable suspicion that the driver is drunk, or if the driver refuses to cooperate. Invoking the presence of a lawyer when the police are only trying to question you can raise unnecessary suspicion towards you. Always remember that you can only seek out legal counsel after you have been properly booked.
DUI checkpoints are just one aspect of life that people may need to brush up on as restrictions slowly ease up. Ask a Las Vegas DUI lawyer if you need to review more points about DUI checkpoints and stops.