It's not uncommon for a stop at a sobriety checkpoint to cause a certain amount of fear, apprehension, and anxiety. Sobriety checkpoints, while legal if properly operated, are still suspicionless stops. Knowing what to expect will help you handle the situation skillfully while exercising your Constitutional rights. Below, DWI lawyer Thomas A. Corletta, Attorney at Law, in Rochester, NY, shares some dos and don'ts if you are stopped at a sobriety checkpoint anywhere in the Empire State. Summer is the season for such checkpoints, particularly in resort areas. 

Do:

Remain calm and civil.

Your first instinct may be to become defensive. Checkpoints are typically set up in certain locations, often where a DWI problem exists, or in an area where there are restaurants, bars, etc. Remain calm and be civil while dealing with law enforcement. Don't give them any additional ammunition or reason to detain you.

Keep both hands on the steering wheel.

When the officer approaches your car at the checkpoint, keep both of your hands on the wheel, but don’t grip it too tightly. Similarly, don’t make any sudden movements. The officer will usually tell you that you have entered a sobriety checkpoint, and ask whether you have had anything to drink, while closely observing your demeanor. Make eye contact with the officer.

Don't:

Look away or admit to drinking.

While you can tell the officer where you are going if asked, decline to answer any questions regarding prior alcohol consumption, unless you have had absolutely nothing to drink. This will probably result in your being detained for further screening.  

Consent to sobriety testing.

Most field sobriety tests are designed to fail the driver. Chemical testing, like a breathalyzer, is the legally accepted way to measure blood alcohol content. However, you have to be under arrest before that can occur. In New York State, you are not required to take any type of field sobriety test. There are no license ramifications for refusing to submit to Field Sobriety Tests; although it is likely that if you do, you will be arrested. Still, don’t allow police to subjectively gather evidence against you through such testing.

The most important step, if you've been stopped at a sobriety checkpoint and been arrested, is to contact a DWI lawyer. Even if you’ve taken and failed Field Sobriety Tests, there are still ways to defend the charges. Sobriety checkpoints have special rules that must be followed regarding their set-up and operation. Thomas A. Corletta, Attorney at Law, is here to help, and is very familiar with the Constitutional requirements for sobriety checkpoints. For over 37 years, he has been representing Rochester-area and western New York clients in DWI, criminal defense, family law, and bankruptcy matters. Call (585) 546-5072, visit his website, or send him a message on Facebook or Twitter to schedule an initial consultation with a DWI lawyer.