What to Do at a DUI Checkpoint in Tennessee

DUI (sobriety) checkpoints are increasingly common in Tennessee. They are usually set up at predetermined locations where law enforcement is authorized to stop vehicles, check drivers for signs of impairment, and identify and detain those who are driving while under the influence of alcohol or drugs.

Are DUI checkpoints legal?

Yes, DUI checkpoints are legal. Law enforcement officers use these as a proactive way to deter drunk driving and improve the safety of Tennessee roads. In 1990, the U.S. Supreme Court also ruled that the benefits of preventing impaired driving outweigh the inconvenience these checkpoints present to drivers.

You must stop, step out of your vehicle, and produce your license and registration if asked to do so. Be sure to be polite and as cooperative as possible. Hostility does not play out well when you are suspected of driving under the influence of alcohol or drugs. A list of recent DUI checkpoints by county in Tennessee is updated weekly.

Although DUI checkpoints are lawful, law enforcement officers must follow strict guidelines to ensure that they don’t violate motorists’ constitutional rights.

What happens at a Tennessee sobriety checkpoint?

Police officers typically section off part of an intersection or roadway with signs or flashing lights and slowly filter cars through in a line. They have the legal authority to check any car in the line for sobriety or suspicion of drunk driving. You must comply with the request if you are asked to stop your vehicle at a DUI checkpoint.

Law enforcement will usually ask for your driver’s license, registration, and proof of insurance. They might also ask you several questions to help determine whether you have been drinking alcohol or using drugs. You should answer these questions truthfully, but you don’t need to provide any additional information.

If an officer thinks you might be impaired, they might request that you step out of your vehicle for further evaluation, including field sobriety tests to evaluate your level of coordination, balance, and capacity to follow directions. Some standard sobriety tests include:

• The walk-and-turn (WAT) test
• The one-leg stand (OLS) test
• The horizontal gaze nystagmus (HGN) test

Law enforcement may also use a portable breathalyzer to calculate your blood alcohol concentration (BAC).

If you pass all the tests and the officers do not believe you are impaired, you will be free to leave the checkpoint. However, if you are considered impaired, you could be arrested for DUI.

What are my rights at a Tennessee DUI checkpoint?

When you are pulled over at a DUI checkpoint—even if you haven’t been drinking—it is usually a stressful experience. Although you might feel like you are at the mercy of the police, as a private citizen, you have rights that you can exercise at a DUI checkpoint:

• Keep quiet: Although you must provide the necessary documentation, you don’t have to answer questions about where you’ve been, where you’re going, or whether or not you’ve been drinking.
• Refuse testing: You can refuse to take field sobriety tests and a portable breathalyzer test, although your license may be suspended and your vehicle impounded immediately if you do.
• Decline search: Police can request to search your vehicle, but you can refuse to give consent. However, if they have probable cause, e.g., they can see alcohol or drugs inside the vehicle, they can conduct a legal search.
• Avoid the stop: When approaching a DUI checkpoint, you have the right to turn your car around and leave, as long as you do not break any general traffic laws.
• Seek representation: You have the right to request a DUI attorney at any time, even prior to answering questions from the police.
• Question legality: If you are arrested at a Tennessee DUI checkpoint, you have the right to challenge the legality of the stop and evidence obtained during the checkpoint.

What are the consequences of a Tennessee DUI arrest and conviction?

If you are arrested for a DUI offense in Tennessee, you may face serious legal, financial, and personal consequences, such as:

First offense

• 48 hours up to one year of jail time
• Fines between $350 and $1,500
• One-year license revocation
• Possible mandatory enrollment in an alcohol and drug treatment program
• Potential installation of an ignition interlock device (IID) 

Second offense

• 45 days up to one year of jail time
• Fines of $600 to $3,500
• Two-year license revocation
• Mandatory installation of an IID
• Possible vehicle forfeiture

Third offense

• 120 days up to one year in jail
• Fines of $1,100 to $10,000
• License revocation of six years
• Mandatory IID installation of an IID
• Possible vehicle forfeiture 

Fourth or subsequent offense (Class E felony)

• One to six years in
• Fines of $3,000 to $15,000
• Eight-year license revocation
• Mandatory IID installation
• Possible vehicle forfeiture

Child endangerment (DUI with a passengerunder the age of 18)

• Class D felony if the child sustains a serious injury
  • Two to 12 years in jail
• Class B Felony if child death is involved
  • Eight to 30 years of jail time
• License revocation

This is a general overview, but remember that DUI penalties typically depend on several factors, including the person’s prior criminal history. If you are facing DUI charges, you should take them seriously, even if you have no criminal record. A conviction can be expensive – you might face higher auto insurance premiums and costs related to IID installation and maintenance. At the same time, the conviction might lead to limited employment opportunities and complicate your personal relationships.

You need to know and exercise your rights at sobriety checkpoints in Tennessee. If you are arrested at a checkpoint, you need a compassionate and aggressive DUI attorney. The Law Offices of Adrian H. Altshuler & Associates have a long-standing reputation for effective DUI defense and can seek justice on your behalf. We help Franklin, Brentwood, and Columbia drivers out of tricky situations and unjust accusations arising from DUI checkpoints. Call or fill out our contact form to set up a free consultation with an experienced Tennessee DUI attorney today.