Understanding DUI Checkpoints in South Carolina: Your Rights and What to Do

Driving under the influence (DUI) is a serious offense in South Carolina, and DUI checkpoints are a common method used by law enforcement to deter and detect impaired drivers. For those living in the Upstate of South Carolina—especially in areas like Greenville and Spartanburg—it’s important to know what to expect when encountering these checkpoints and how to protect your rights. At Ellis Law, we understand the complexities of DUI cases and the challenges they present to individuals who may be stopped at a checkpoint.

In this blog, we will break down the basics of DUI checkpoints, explain your rights during such stops, and provide helpful advice on what to do if you find yourself at one. With years of experience in DUI defense, Zach Ellis is here to offer the legal support you need.

What Are DUI Checkpoints?

DUI checkpoints, also known as sobriety checkpoints, are predetermined locations where law enforcement officers stop vehicles to check for signs of impaired driving. In South Carolina, these checkpoints are legal, but they must adhere to specific guidelines to ensure that the stops do not violate drivers’ constitutional rights.

The primary goal of these checkpoints is to deter drunk driving and reduce the number of alcohol-related accidents on the roads. However, it’s crucial for drivers to know that just because they are stopped at a checkpoint does not mean they are automatically suspected of driving under the influence. The police usually stop every car at a checkpoint unless they get too backed up and overwhelmed, in situations where they are backed up Law enforcement officers follow a systematic and non-discriminatory process when selecting vehicles to stop at the checkpoint, such as stopping every third or fourth car.

Are DUI Checkpoints Legal in South Carolina?

Yes, DUI checkpoints are legal in South Carolina. The U.S. Supreme Court has upheld the legality of DUI checkpoints as long as they follow certain protocols that minimize the intrusion on drivers’ rights. In South Carolina, police officers must follow several key rules when setting up and operating a checkpoint, including:

• Advance Notice: Law enforcement agencies typically provide advance notice of the checkpoint to the public, which may include notifying the media or posting about the checkpoint on social media. However, not all agencies provide advance notice of checkpoints and they are not required to.
• Clear Identification: The officers operating the checkpoint must be clearly identified as law enforcement officers, typically through uniforms and marked police vehicles.
• Systematic Selection Process: Police cannot randomly stop vehicles. They must follow a specific pattern, such as stopping every vehicle or perhaps every third vehicle if the checkpoint is backed up, to ensure that the stops are not arbitrary or discriminatory.

What Happens at a DUI Checkpoint?

When you approach a DUI checkpoint, you will be required to stop your vehicle and follow the instructions of the police officers at the scene. Here’s what you can expect:

1. Initial Stop: A police officer may ask you to roll down your window and may ask basic questions such as “Where are you coming from?” or “Have you been drinking tonight?” The officer will be observing your behavior and looking for any signs of impairment, such as slurred speech or the smell of alcohol.
2. Field Sobriety Tests: If the officer suspects that you may be under the influence, they may ask you to step out of your vehicle and perform field sobriety tests, such as the “walk-and-turn” or “one-leg stand.” These tests are designed to assess your physical coordination and mental clarity.
3. Arrest: If the officer believes that you are driving under the influence based on the field sobriety tests, you may be arrested and taken to the police station for further testing or booking.
4. Breath Test: There are no roadside breathalyzers that are allowed to be used in South Carolina. If arrested, you may be asked to take a breath test that is administered through a machine called the Datamaster located at the jail or police station.

Know Your Rights at a DUI Checkpoint

It’s essential to know your rights during a DUI checkpoint stop. While the police have the right to conduct these checkpoints, drivers still have rights that must be respected.

1. Right to Remain Silent: You are not obligated to answer incriminating questions. For example, if an officer asks, “Have you been drinking?” you can politely decline to answer. Simply provide the necessary documents, such as your driver’s license, registration, and insurance, but remember that you have the right to remain silent.
2. Right to Refuse Field Sobriety Tests: You can refuse to take field sobriety tests. These tests are subjective and can be difficult to perform even if you’re sober. Refusing the tests, however, may lead to further scrutiny from the officer and will generally result in the officer making an arrest for DUI.
3. Right to Refuse a Breath Test (with Consequences): While you can refuse the breath test on a Dataster at the jail or police station after an arrest, doing so will result in an automatic license suspension for at least six months under South Carolina’s implied consent law. However, refusing the test could also make it harder for the prosecution to prove that your BAC was over the legal limit.
4. Right to an Attorney: If you are arrested, you have the right to contact an attorney. It’s important to seek legal representation as soon as possible to ensure that your rights are protected and to build a strong defense.

What to Do if You Are Arrested at a DUI Checkpoint

If you are arrested at a DUI checkpoint, it’s critical to remain calm and remember your rights. After your arrest, you should:

• Remain Silent: Don’t say anything that could be used against you later. Wait to speak with your attorney before answering any questions.
• Contact a DUI Attorney: Call Zach Ellis at Ellis Law as soon as possible to discuss your case. With years of experience defending clients against DUI charges, Zach Ellis can guide you through the legal process and help protect your driving privileges and your future.

Common Mistakes to Avoid at a DUI Checkpoint

• Talking Back: Arguing with the officer or becoming aggressive will only make the situation worse and could lead to additional charges.
• Admitting to Drinking: You are not required to admit that you have been drinking. Politely decline to answer questions that could incriminate you.
• Performing Field Sobriety Tests: These tests are voluntary and highly subjective. It’s often better to refuse the tests and rely on your attorney to defend your case in court.

DUI checkpoints are a common enforcement tool in South Carolina, and while they are legal, it’s essential to know your rights and what to do if you are stopped. At Ellis Law, we have the experience and knowledge to help you navigate the legal complexities of a DUI charge. Remember, you have rights, and Zach Ellis is here to ensure they are protected.

How Ellis Law Can Help You

Facing a DUI charge in South Carolina can be intimidating, but having an experienced DUI defense attorney on your side can make all the difference. Zach Ellis has years of experience defending clients against DUI charges in Greenville, Spartanburg, and the surrounding Upstate areas. His commitment to protecting your rights and providing top-tier legal representation ensures that you receive the best defense possible.

If you’ve been arrested at a DUI checkpoint in South Carolina, don’t navigate this challenging situation alone. Contact Ellis Law today for a free confidential consultation with Zach Ellis. Call us at 864-991-8738. Let us provide the legal guidance you need to protect your rights and secure your future.