Being charged with DUI in Salt Lake City after a checkpoint stop is overwhelming. Perhaps you were driving home after a night out with friends in Fairpark or were stopped at a checkpoint along University Boulevard. Whatever the circumstances, for even the most seasoned drivers, DUI checkpoints can be anxiety-inducing. It is wise to be aware of your rights in these moments, and Blackley & Wingad is here to protect you.
Maybe you were waved into a line of vehicles or the lights flashed behind you. DUI checkpoints are intense, and many individuals are not aware of their rights and what the police can and cannot do in these moments.
At Blackley & Wingad, a Salt Lake City DUI Lawyer is here to represent individuals who have been mistreated or were unlawfully searched and arrested at a DUI checkpoint in SLC. Every time you get on the road, your rights matter, and we are here for you.
What Is a DUI Checkpoint Stop in Salt Lake City?
In Utah, it is illegal to drive with a BAC, or blood alcohol content level, of 0.05% or greater. In a four-year period, the state reported 4,408 alcohol-related crashes and 274 fatalities. Nationwide, 804,926 Americans were arrested for suspected DUI in 2024 alone, and 37 people are killed every day because of drunk driving. In an effort to curb these numbers, police departments across the country implement checkpoints, and you need to be aware of your rights.
In Salt Lake City, DUI checkpoints can be set up at various locations by the police, and drivers can be pulled over and screened for intoxication. While yes, these checkpoints are legal in the state, they are also meticulously regulated and must comply with the law.
When you are charged with a DUI following a checkpoint stop, it is crucial that you understand your rights and what the police had to get correct. If the police made even a single misstep, your charges may be dismissed.
What the Police Can Do at a DUI Checkpoint
At a DUI checkpoint, police maintain a number of powers, but it is important to know how these powers are limited. Typically, officers involved with a checkpoint can take the following actions:
- Request to see your license, registration, and insurance
- Briefly stop drivers based on a neutral system or pattern, rather than at random
- Observe drivers for any potential signs of impairment, including bloodshot eyes or slurred speech
- Request that you undergo field sobriety testing if any clear signs of intoxication are present
- Detain you in cases where there is a reasonable suspicion of a DUI offense
In Utah, police are not allowed to choose certain vehicles based on assumptions made or appearances. Instead, they must have a set pattern they are following, such as every third vehicle or every sixth. The police must also give notice to the public in advance when setting up a DUI stop in Salt Lake City.
What the Police Cannot Do and How to Protect Your Rights
At a DUI checkpoint, the rights you are afforded under the U.S. Constitution do not disappear, and police are severely limited in the actions they can take. If the police take any of the following actions at a DUI checkpoint, and you are arrested, your attorneys may be able to use these actions to strengthen your defense:
- The police searched your vehicle without any kind of probable cause or your valid consent.
- The police used force or intimidation in order to get you to cooperate with their unlawful actions.
- The police were stopping cars without using any kind of neutral or consistent pattern.
- The police extended your stop beyond a brief interaction even when there was no reason for specific suspicion.
- The police demanded you give them access to your phone or your private digital information.
If any of these behaviors were present, the police messed up, and Blackley & Wingad can use these facts to the benefit of your DUI case. Remember, you have rights at a DUI stop, including:
- The right to remain silent beyond offering identification
- The right to refuse a search
- The right to decline answering unrelated or personal questions
FAQs
What Are the DUI Penalties in Utah?
In Utah, those accused and convicted of a DUI for the first time can expect to face penalties like fines, suspension of their driver’s license, mandatory education courses or alcohol treatment programs, and potential jail time. If the accused has been convicted before or there are aggravated circumstances present, felony charges might be implemented, and prison time can lengthen.
What Should I Do if I Am Arrested for a DUI in Utah?
In Utah, if you are arrested for a DUI, it is essential that you document everything and write down as many details as you can while they are still fresh. You should also avoid discussing your case with acquaintances or on social media and contact an experienced Salt Lake City criminal defense attorney as soon as possible.
How Can a DUI Charge Affect My Life?
Being charged with a DUI can have consequences that extend beyond the courtroom. You could face an increase in auto insurance, or your insurance company may even decide to cancel your policy. You may also be denied entry into certain countries with a DUI conviction and deal with many difficulties when seeking employment.
Do I Have to Stop at a DUI Checkpoint in SLC?
In Salt Lake City, while turning around to avoid a DUI checkpoint is not necessarily illegal, the police may take such an action as a sign of suspicion. However, it is important to note that making a U-turn on many streets in Utah is illegal, and if you perform this action, then the police have the right to stop you and give you a traffic ticket.
Hire a DUI Lawyer Serving Salt Lake City, UT Today
At Blackley & Wingad, Attorneys at Law, PLLC, we have decades of trial experience and are ready to protect you. When you hire a dedicated DUI lawyer from our firm, know that you are in confident and competent hands. Contact our offices today for trusted legal guidance.
