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Your Rights at a Nevada Sobriety Checkpoint

Nevada law requires that police officers have probable cause before they are allowed to pull over a driver for a suspected DUI. This means that unless an officer witnesses you committing an illegal act, sees you driving erratically, running stop signs or red lights, speeding, unsafe lane changes or there is a justifiable concern about the way you are driving, there is no legal grounds to stop you. There is one major exception to this particular law and that is a Nevada DUI Sobriety Checkpoint. A sobriety checkpoint is a temporary roadblock at which police officers are legally allowed to stop drivers for any reason, or no reason at all, to inspect and determine whether or not a driver has been driving under the influence. These checkpoints are often set up on holidays, weekends, during large events, and other times when people tend to drink more.

If you come upon a sobriety checkpoint do not attempt to avoid the checkpoint, as that is often viewed as a surefire sign that you are intoxicated. When you pull up to the officer he or she will likely ask you a few questions, try and assess whether you have been drinking, then check your vehicle for open containers of alcohol or evidence of drugs. The purpose of the checkpoint is to help deter drunk driving and to determine if a driver is posing a potential risk to themselves or others. If the officer suspects you have been drinking you will be asked to pull over to submit to field sobriety tests and chemical testing. Should you fail any of those tests you will be placed under immediate arrest.

There are certain requirements and protocols that police officers must meet when setting up and running sobriety checkpoints. If you were arrested at a Reno sobriety checkpoint, I can help determine if officers followed all of the requirements, and administered drunk driving tests properly. As I have received the same DUI Detection and Field Sobriety Testing training and certification that officers are required to have, I have the resources and expertise necessary to conduct an in-depth cross examination of the police officer who arrested you and challenge the DUI evidence presented by the prosecution. The most effective way to fight a DUI arrest at a sobriety checkpoint is to obtain legal counsel from a seasoned Reno DUI lawyer. When you retain me as your defense counsel I will do everything possible to help you protect your rights and achieve the most positive outcome for your case.

Contact me at The Law Office of Walter B. Fey so I can review the circumstances of your arrest and advise you on how to proceed.