A DUI checkpoint can catch drivers off guard, even those who have done nothing wrong. Knowing what to expect and what your rights are can make a real difference if you ever face one.
How checkpoints work
South Dakota law allows law enforcement to conduct DUI checkpoints as a legal means of identifying impaired drivers. Officers use cones and signs to direct traffic and stop vehicles in a set pattern, such as every third or fifth car. Once stopped, you will need to hand over your license, registration and proof of insurance.
While you provide those documents, the officer will also look for signs of possible impairment. These warning signs can include:
- Slurred speech: Slow or unclear words may prompt further evaluation.
- Bloodshot eyes: Visible eye changes are a common indicator officers watch for.
- Alcohol odor: A smell of alcohol from your breath or the vehicle raises suspicion.
- Unusual behavior: Difficulty following instructions or appearing overly nervous may also be noted.
Officers are trained to notice these details quickly, so even a brief stop involves close observation.
Your rights at the checkpoint
You must stop and hand over your documents. Beyond that, you have some options worth knowing. Under SDCL 32-23-1, a DUI charge applies when your BAC reaches .08% or higher if you are 21 or older. Drivers under 21 face zero-tolerance rules, meaning any detectable alcohol can lead to charges.
You may decline field sobriety tests, but doing so could give an officer grounds to investigate further based on other observations. Staying calm and polite matters here. You also have the right to remain silent beyond answering basic documentation questions.
You can also legally turn around before reaching a checkpoint. South Dakota courts have recognized this right. An officer cannot stop you simply for avoiding the checkpoint, though they can follow you if they observe signs of impaired driving.
Speaking with a DUI attorney
A checkpoint stop can escalate quickly and the decisions you make in those moments may affect your case. An attorney can help you understand your options if you were charged following a checkpoint stop and clarify how these rules apply to your specific situation.