It is well-recognized that drinking alcohol impairs one’s ability to drive. Alcohol abuse slows reaction times and makes it more difficult for people to concentrate on maintaining driving safety. Additionally, drinking might cause people to nod off or make terrible decisions when operating a vehicle. Also, drinking might cause irregular driving that other motorists cannot anticipate
Police in Missouri are constantly on the watch for intoxicated drivers, and they will detain and prosecute anyone who exhibits these symptoms or refuses a chemical test. Drivers found guilty of intoxicated driving violations risk jail time, fines, and license suspension. These drivers typically experience one-on-one enforcement actions due to causing an accident or driving suspiciously.
The police occasionally set up barriers to prevent drunk driving or perform sobriety checkpoints. If the authorities set up a sobriety checkpoint on a crowded street, they might detain dozens of people above the legal limit in a single night. Are these extensive enforcement efforts permitted in Missouri?
Are DWI Checkpoints Legal in Missouri?
Sobriety checkpoints are currently legal in Missouri.
Although a few states have done so, Missouri has not yet outlawed sobriety checkpoints. A state measure that lawmakers have presented could amend the legislation, but voters must approve it before the legislature can. Sobriety checkpoints are still permitted under Missouri DWI checkpoint laws throughout the state for the time being.
However, law enforcement agencies are less likely to perform such checkpoints now that less money has been set aside for them. Instead, they can increase the number of officers on traffic patrol at periods when drunk driving is likely to be above average.
Essentials of a Legal Missouri DWI Checkpoint
Sobriety checkpoints must be planned in advance by Missouri police, and the public must be informed of their locations. This is done to discourage motorists from driving while intoxicated in the first place if they know a checkpoint may be in the area.
Additionally, police officers cannot pull over drivers arbitrarily or unfairly. Instead, a protocol governing which motorists are pulled over must be in place.
This could incorporate the following:
- Stopping all automobiles
- Stopping cars using an objective, random pattern (i.e., every third driver)
- Stopping drivers who exhibit indicators of drunk driving
Sadly, police frequently veer from the random, impartial nature of checkpoints and start stopping drivers who they suspect to be intoxicated or possessing contraband based on prejudiced notions.
What to Anticipate at a Missouri Sobriety Checkpoint
Drivers will be requested to show ID and proof of insurance as they approach a roadblock for a DWI checkpoint, exactly like you would anticipate if you were stopped regularly.
Police officers are taught to check for indicators of possible intoxication during this contact. Police officers have the right to ask drivers to submit to field sobriety examinations if they believe they are impaired by alcohol or drugs.
According to Missouri law, licensed drivers are not required to submit to physical sobriety tests and will not be penalized if they choose not to. However, the refusal of a chemical test in the event that one is requested will result in prompt administrative action (license suspension or revocation).
In Missouri, if you are requested to undergo a chemical test because you are suspected of driving while intoxicated, call your Kansas City DWI attorney as soon as possible.
It is still debatable whether checkpoints should be permitted nationwide due to the 4th Amendment.
DWI checkpoints ought to include the following components to ensure that they are legitimate and don’t infringe upon a person’s rights against unreasonable search and seizure (as stated in the 4th Amendment):
- The public should be informed of the sobriety checkpoint’s time, date, and location.
- The checkpoint must be situated in a convenient area, with safety features like cautionary signal lights and signs to indicate that a halt is ahead.
- A fair and impartial system must be in place regarding which motorists are pulled over and interrogated.
- Officers are forbidden from choosing which people to stop based on race, sex, age, car type, or other factors. Neutral choices must be made.
- A motorist should only be stopped for the time it takes an officer to look for indicators that a driver is intoxicated.
What To Do at a Missouri Sobriety Checkpoint
Follow these guidelines on what to do, how to behave, and what not to do if you find yourself in the DWI checkpoint lane to ensure that the DWI checkpoint doesn’t ruin your night and runs as smoothly as possible:
- Don’t generate suspicion: Although it isn’t technically against the law to drive away from a DWI roadblock, police personnel are typically strategically positioned surrounding the checkpoint to observe whether any vehicles do so and whether they do it lawfully. When you turn away from a checkpoint, the police will usually stop you and question you because doing so generates suspicion.
- Produce your license: The police will request your ID, registration, and proof of insurance, just as during a typical traffic stop.
- Don’t respond to incriminating questions: You are not required to respond to inquiries like, “Have you had anything to drink tonight?” When you can, politely respond to inquiries. However, try to stay away from inquiries that could land you in legal trouble. If you’re ever hesitant, you can ask to talk with your Kansas City DWI lawyer right away.
The police are not permitted to search your car at a DWI roadblock unless they have a good reason to do so. There is sufficient justification for a legal search if your automobile smells of drugs or alcohol or if beer bottles or drugs are present.
Be polite and keep your cool. Anyone who is pulled over at any time may feel uneasy, but waiting to be questioned by the officer at a Missouri DWI roadblock may make you feel even more uneasy. When questioned, try to maintain your composure and be kind.
You can be required to complete a series of field sobriety tests if you exhibit signs of intoxication, including slowed speech, red, watery eyes, difficulty answering straightforward inquiries, or other physical symptoms.
You are free to decline these tests. However, your license will be suspended in Missouri if you decline a chemical test after it has been requested. The best course of action is to speak with a Kansas City DWI lawyer right away.
How to Look for DWI Checkpoints in Missouri
Since Missouri’s DWI checkpoints are designed to deter, finding them is not too difficult. To increase law observance, checkpoint information is widely disseminated in Missouri’s target areas, employing High Visibility Enforcement techniques.
Some agencies object to publicity because they believe it will deter drunk drivers. In 1990, the Supreme Court ruled that checkpoints were acceptable. A public announcement of inspection stations reduces the element of surprise and private invasion, avoiding the fourth amendment (unlawful search).
Checking for Missouri DWI checkpoints on the internet is a great idea.
When traveling, look up the locations near your destination on Google. Click the news results after typing sobriety checkpoints. For updates, you can also check out the roadblock.org website.
Occasionally, your local channel’s morning news will feature checkpoints’ advertisements. Police must make an inspection site visible to the general public. To prove that they made a checkpoint public, they present the newspaper in court. The WAZE app is well known for locating obstacles, in addition.
A Missouri DWI Checkpoint Arrest Does Not Automatically Imply a Conviction
Please be aware that you might be able to avoid being found guilty or losing your driver’s license if you were stopped for driving while intoxicated or under the influence of drugs or alcohol during a sobriety checkpoint.
To safeguard your rights and prevent a conviction, you should retain the services of an experienced Kansas City DWI lawyer who will look into the details of the checkpoint, the evidence acquired, and the charges levied.
A Charge Involving a DWI Checkpoint Can be Defended Against
If a driver comes across a checkpoint, they usually won’t have the chance to contest the legitimacy of the traffic stop unless the police department performs the checkpoint improperly.
A legal checkpoint does not, however, ensure a conviction. You don’t need to enter a guilty plea only because you were first stopped and subsequently arrested at a legitimate sobriety checkpoint.
There are still ways that a DWI lawyer in Kansas City can argue your case, such as by contesting the chemical test results or giving a justification for why you failed it.
After coming across a sobriety checkpoint, learning more about your rights may motivate you to mount a strong defense. Contact the Law Office of Benjamin Arnold today to learn more about your defenses from a DWI lawyer in Kansas City.
