Missouri DUI Checkpoints: Legal Rights and What to Expect

Being stopped at a Missouri DUI checkpoint is intimidating. But if you know your rights, the situation becomes easier. This guidebook educates you on what to do, what officers can and cannot do, and how to proceed when you’re stopped.

What Is a DUI Checkpoint?

A DUI checkpoint is an area where police stop vehicles to search for drunk drivers. They don’t have to observe evidence of drunk driving in order to stop you. They are legal in Missouri. Police put them up in areas where they have had problems. They have guidelines to follow to make them equitable. They can’t stop cars randomly. They stop cars in a routine pattern—such as every third car. Officers will typically place warning signs, cones, or lights before the stop. This notifies you of what lies ahead. The location should be properly lit and safe.

Are Missouri DUI Checkpoints Legal?

Yes. DUI checkpoints are allowed by Missouri courts. Police need to:

• Notify drivers in advance with lights or signs
• Utilize a visible pattern of stopping
• Provide a reason for the stop that is public
• Keep the stop minimal if there is no indication of drunk driving

Checkpoints must also be sanctioned by superiors. Public safety, not arrests, should be the purpose. Any stop with the odor of discrimination or arbitrariness could be reversed in court. If you break these laws, your attorney can have your charges dismissed.

What occurs at a checkpoint?

At a checkpoint, you will:

• Slow down and drive up to an officer
• Answer basic questions
• Present your driver’s license and car insurance
• Maybe take a field test or breath test if they think you have been drinking
• A typical stop takes less than 2 minutes.

If the officer sees indications of drinking—slurred speech, red eyes, smell of alcohol—they may have you perform more tests. They may ask you to get out of the car. If there is no evidence, they will usually let you go right away.

Your Legal Rights at a DUI Checkpoint

You do have to pull over, but you still have rights. Understanding them helps keep you safe.

You Have the Right to Remain Silent

You must show your license and insurance. But you don’t need to answer anything else. You can merely say, “I choose not to answer.” Police officers may ask you where you are headed or if you’ve had alcohol. You don’t need to answer.

You Don’t Have to Take Field Sobriety Tests

Police may require you to walk along a straight line or keep your eyes on a light. You can say no. They’re not required by law. The exams are hard even if you’re sober. They check balance and concentration, not being drunk. You can say no.

You Can Refuse a Breath Test — With Penalties

Missouri’s “implied consent” statute is that you agree to testing when you’re arrested. You don’t have a crime if you say no before they arrest you. But if you do say no when you’re arrested, you could lose your license for a year. You can also have the refusal used against you in court. The officer may also get a warrant for a blood draw.

You Have the Right to Record

You can record the stop if you do not interfere. Chill. Keep your hands in sight. Dash cam or call. Video record. Recording can be a defense if something goes wrong.

You Can Ask If You’re Free to Leave

If you are not being detained or arrested, you can politely ask, “Am I free to leave?” and leave if they say yes. If they say no, remain calm. Protesting won’t help. Wait for further instruction.

What Do You Do at a DUI Checkpoint?

These are fine things to do:

• Remain calm
• Roll down your window
• Turn over your license and insurance
• Keep quiet and courteous
• Don’t give additional information voluntarily
• Don’t protest with cops
• Don’t consent to field testing unless you’re sure
• Document the stop if you feel you have to.

You don’t need to confess smoking. You don’t need to tell where you are going. In case they take you in, do not fight. Remain quiet and call an experienced traffic defense lawyer in Kansas City.

What If You Turn Around Before a Checkpoint?

Yes, you are entitled to turn around before reaching the checkpoint. Police can, however, stop you if:

• You break a traffic rule during turning
• Your car has broken headlights or up-highlighted number plates

Turning back is legal. Simply do it legally and safely.

Police are still able to stop or chase after you. Drive defensively and follow all traffic rules.

Can DUI Checkpoints Be Avoided?

Drivers also scan news in town or applications in checkpoints if present. The police typically give announcements prior to the time. You can evade checkpoints but only by legal driving. Missing one checkpoint won’t protect you from others. Officers may pull you over for other infractions. Don’t drive under the influence in the first place. Call a sober driver or ride service.

What Happens If You’re Arrested at a Checkpoint?

Stay quiet. Don’t struggle or yell. Ask for a lawyer. Don’t say anything more than you have to. Anything you do and say can be used as evidence at trial.

A lawyer can challenge the stop if police:

• Didn’t follow procedure
• Lacked a legitimate basis for arresting you
• Abused your rights

Don’t try to represent yourself. Get help in time.

Missouri penalties for DUI can be:

• Jail
• Fines
• License suspension
• Higher insurance rates
• Alcohol treatment

First-time offenders are also given harsh sentences. Second-offenders receive more jail time and longer suspensions.

FAQs Regarding Missouri DUI Roadblocks

1. Do the police have the right to search my vehicle at a roadblock?

Not without a good reason or permission. They need probable cause. If you take a stand, they cannot search except to sniff for drugs, look for open containers, or have other causes.

Never agree to a search unless they have a warrant or good cause.

2. Do I roll down my window all the way?

Yes, if you are asked to show ID. If your window is rolled down halfways it will be a problem. Roll it down as far as needs to be rolled down in order to talk and trade documents.

Not complying will put you in a worse situation. It will make it harder.

3. Can DUI stops be made on private roads?

No. Checkpoints are only on public roads. If you’re on private property, the cops need a warrant or permission.

Private driveways, gated communities, and parking lots don’t count.

4. If I’m under 21 and was stopped at a checkpoint?

Missouri’s a zero-tolerance state when it comes to drinking underage. If you’re under 21 and register 0.02% or higher, you can have your license taken away.

Penalties can be:

• 30-day suspension of your license
• Fines
• Alcohol class

5. Can I ask for a lawyer at a DUI checkpoint?

You may ask for an attorney at the time of being arrested. But while in custody, police officers do not need to let you talk with one.

In being arrested, close up. Have your attorney do the talking.

Last Things To Keep In Mind

Missouri allows DUI checkpoints. They apprehend intoxicated motorists and prevent death. But they must do so by letter. Should you get stopped, don’t panic. Educate yourself on your rights. Don’t say a word. And don’t drink and drive, ever. Call a cab, rideshare, or your buddy. A DUI stop is expensive. Not worth it. If you do get arrested, call a good local dui defense lawyer in Kansas City at once. Good advice can come in handy. Drive responsibly. Educate yourself as to what your rights are. Be legal.