Many states, including Nebraska, allow DUI checkpoints to reduce the number of dangerous drivers on the road. These road points cannot be avoided. If you come across one, however, you do have specific rights. Remembering them will help your DUI attorney get you out of any potential charges. 

What Are Your Rights at a DUI Checkpoint?

1. The Right to Remain Silent

At a DUI checkpoint, you are legally required to give the officer your license, registration, name, and proof of insurance. You are not required to answer any incriminating questions.

Even if they detain you, the Fifth Amendment still applies and you can remain silent. It might be in your best interest to ask if you can call your DUI attorney and remain quiet until they arrive. 

2. The Right to Refuse Tests

Nebraska is an implied consent state, which means any person driving is automatically deemed to have given consent to a preliminary breath test. A police officer cannot force you to take a breathalyzer test or submit to later chemical testing.

If you do refuse, and they have reasonable suspicion that you’re intoxicated, you will risk a fine, having your license suspended, and other charges. However, not submitting to any testing will often help your DUI attorney to provide a better defense.  

3. The Right to Deny a Search

If an officer asks to search your vehicle at the stop, you can politely decline. This right is protected by the Fourth Amendment, which prohibits unreasonable searches and seizures without probable cause.

A warrant is usually required, but if the officer believes you are intoxicated, they are allowed to bypass this condition. Nevertheless, if you do not consent to the search, your attorney can argue that it was illegal. 

When you need an experienced DUI attorney, contact Reiman Law Firm in Lincoln, NE. For 14 years, Korey Reiman has provided expert counsel and criminal defense to the residents of Lancaster County. The law firm is dedicated to protecting the rights of their clients, no matter the charges. Call (402) 477-2130 to schedule a free consultation or visit their website to learn more about their law services.