dui checkpoints

DUI Checkpoints in Virginia: What Are Your Rights?

Virginia law enforcement use DUI checkpoints to catch intoxicated drivers. Police think of this tool as critical to protecting the roads, but they can also violate a driver’s constitutional rights. These checkpoints must be conducted properly to be valid, and you still have rights that deserve safeguarding.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC explain what your rights are during a Virginia DUI checkpoint. Let us help you defend against criminal charges and protect your constitutional rights. 

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Police Must Follow Rules and Limits With DUI Checkpoints

Virginia sobriety checkpoints must follow specific rules and guidelines. These include, but are not necessarily limited to, the following:

  • Law enforcement must post a public notice of the checkpoint in advance. This posting is usually in the “news” sections of police department websites, on local new channels, and in local newspapers. It must say when and where the DUI checkpoint will occur.
  • Police may not stop every vehicle that approaches. They must use a mathematical formula to decide which cars will be stopped. Law enforcement often stop every fourth or fifth car, but this varies.
  • Law enforcement may pull over motorists that break laws or act suspiciously during DUI checkpoints. Any actions that give an officer probable cause to believe a crime is being committed could result in being pulled over or even detained. Illegal U-turns to avoid a checkpoint, speeding, erratic driving, and much more may justify a stop.

If You Get Pulled Over

If you get pulled over during a sobriety checkpoint, police are not allowed to submit you to a breath test or any field sobriety test automatically. They must have some reason to believe you are intoxicated. If there are not any signs you are under the influence, it is illegal for police to require you to take a test.

Always be polite and follow police orders at a DUI checkpoint. Follow all orders given to you by a police officer and never resist arrest, even if you think the checkpoint or your arrest violate the law in some way. Your attorney can analyze your case and present a defense that fits your situation.

What Do Police Look For at DUI Checkpoints?


If you are stopped randomly during a checkpoint, or because of some probable cause, officers will be looking for evidence of intoxication. They may ask for your driver’s license and registration, as well as look for:

  • The smell of marijuana in your car
  • The smell of alcohol coming from the driver
  • Inconsistent stories or statements between the driver and passengers
  • Admissions to drinking alcohol or doing drugs
  • Open containers or drug paraphernalia
  • Slurred speech and bloodshot eyes

Officers will look for these and other signs of intoxication to establish probable cause for further investigation.

How To Challenge a DUI Checkpoint After an Arrest

If you were arrested for DUI through a checkpoint, your DUI defense attorney will analyze the checkpoint for any problems with it. Problems with the checkpoint or other aspects surrounding your arrest could create a strong defense to your charges. Defenses against DUI arrests at checkpoints may include, but are not limited to:

  • Challenging the basis for probable cause
  • Filing a suppression motion to exclude evidence
  • Showing that the checkpoint did not conform to legal guidelines
  • Show that you were unjustifiably stopped or discriminated against

Get Help After a DUI Checkpoint Arrest in Virginia

Too many drivers are arrested at DUI checkpoints, despite significant problems with the arrest. You may have a basis to challenge the checkpoint or your DUI charges. 

At Battlefield Law Group PLLC, our DUI/DWI attorneys defend your case and your other rights. Contact us today for a free consultation of your case.