Its no surprise that many people who visit or live in Las Vegas like to take advantage of all the city has to offer. They eat. They gamble. They drink. That last point can be a problem when the person also gets behind the wheel of a car. This is why sobriety checkpoints are so common in Las Vegas. You have rights even when youve been stopped at a DUI checkpoint. If you see flashing lights and a sign ahead of you you may wonder are DUI checkpoints legal? It could be tempting to just drive through or refuse to cooperate. Even if you havent had anything to drink that day you may feel nervous about how they work. At Adras amp; Altig we dont want anyone to drive under the influence of alcohol or drugs but were prepared to defend you if youve been accused of doing so. You deserve qualified representation and good advice. There are some things you should know about Las Vegas checkpoints. Here are the basics. Nevada DUI Checkpoint Laws Like the rest of the country Nevada is bound by the U.S. Supreme Court decision that made sobriety checkpoints legal nationwide. The federal case is known as Michigan Department of State Police v Sitz. Nevada has also instituted its own DUI checkpoint laws. According to Nevada law NRS 484B.570 police officers in this State may establish in their respective jurisdictions administrative roadblocks upon the highways of this State for any lawful purpose. In laymans terms that means that police can set up roadblocks as DUI checkpoints in Las Vegas. Area law enforcement agencies frequently choose to do so. It may feel like youre being asked to stop for no reason but Nevada state and federal laws say that you have to comply. Sobriety Checkpoints amp; the Fourth Amendment When you ask yourself Are DUI checkpoints legal? youre joining a large crowd. In fact its something that legal scholars and constitutional experts debate to this day. Despite 30 years of precedent many drivers continue to believe that sobriety checkpoints should be unconstitutional. Some people think that the Fourth Amendment of the United States Constitution should protect Nevadans and all citizens of the United States from DUI checkpoints. The Fourth Amendment protects Americans from unreasonable searches and seizures. People who focus on constitutional law argue that blanket stops like DUI checkpoints are unreasonable and therefore should be excluded by the Fourth Amendment. In 1990 the Supreme Court disagreed. Thats why you can expect that sobriety checkpoints on Las Vegas roads will continue unless and until the court revisits the issue. Penalties for Refusing or Driving Through a Checkpoint in Las Vegas Its probably not a good idea to bet on the Supreme Court overturning its precedent in time for you to skip a checkpoint. Nevada DUI checkpoint law institutes specific penalties for refusing or driving through the barrier. NRS 484B.580 makes it illegal to drive through a checkpoint in Nevada. You could be charged with a misdemeanor or felony for doing so depending on whether you injure anyone in the process. Speeding through a police barrier is a pretty extreme choice. You may think it would be better to just refuse a breathalyzer or field sobriety test. Unfortunately that may backfire too. NRS484C.150 states that you give your implied consent when you get behind the wheel. You can lose your license for refusing just like you would for being found guilty of driving under the influence. Its safer to cooperate and contact a criminal defense lawyer to help defend you from the drunk driving allegation. At Adras amp; Altig we can defend your rights and help you keep your license. What Are My Rights During a Field Sobriety Test? You dont lose all your rights just because youre stopped at a checkpoint and the police administer a field sobriety test. You still have the right to not incriminate yourself to remain silent and to get a lawyer. Its important to cooperate with authorities to the extent required by law. You need to identify yourself by providing your license. Resisting or reacting violently will only result in additional more serious charges. Instead be polite but remember your rights. You should cooperate with the field sobriety test but you dont have to answer questions. If they ask if youve been drinking or smoking marijuana you dont have to answer. Instead keep quiet and ask to call a lawyer. If you didnt drink but used prescribed or illegal drugs you can still be charged with a DUI. Local outlet Fox 5 Vegas has reported that Nevada authorities are treating driving high with the same seriousness as drunk driving. When you are stopped at a checkpoint you can and should expect respect. The officers cant act in a racist sexist or otherwise illegal manner. If they behave in any unprofessional manner you have the right to; ask the officer for their name and badge number you can also record them with your cell phone Just remember to keep calm and behave respectfully. Know When to Call a Las Vegas DUI Lawyer Its important to protect your rights after youve been accused of driving under the influence. After youre stopped at a Vegas DUI checkpoint call a qualified Nevada DUI lawyer like ours at Adras amp; Altig. If the officers violated your civil rights or inappropriately accused you of DUI despite your sobriety we can mount a vigorous defense on your behalf. Well investigate your arrest and explore ways we can reduce your charges or even get them dropped. Field sobriety tests are debated by legal experts because some people consider them unfair. Well do everything in our power to defend you from unmerited charges. If youve been stopped at a Nevada DUI checkpoint and need a qualified thoughtful lawyer weve got you covered. The respected attorneys at Adras amp; Altig want the best for our clients and we know that youre more than just a case number or a paycheck. As a firm we work together as a team to ensure the best results for our clients. Call us or contact us online now for a free case evaluation.Be sure to read our last blog about a special offer on misdemeanor fees here. The post Are DUI Checkpoints Unconstitutional? appeared first on ADRAS amp; ALTIG Attorneys at Law. via ADRAS amp; ALTIG Attorneys at Law https://www.adrasandaltiglaw.com/dui-checkpoints-unconstitutionale2808be2808be2808be2808be2808be2808be2808b/