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Sobriety Checkpoints - Are They Even Legal in Virginia?

You've almost certainly heard the warnings on TV or radio in Virginia, especially around the holidays, about sobriety checkpoints. Chances are, you may have even been involved in one at some point and been made to blow into a breathalyzer or go through the nearly impossible field sobriety test of closing your eyes, balancing on one leg and tilting your head back.

Many people wonder about whether sobriety checkpoints and roadblocks are even legal - and with good reason. The Fourth Amendment of the Constitution is very clear about protecting citizens from illegal search and seizure, and it applies not only to our homes but also to our cars.

Just as police can't simply come into your house and go through your things for no apparent reason, they also can't search through your car without probable cause, whether it's parked in your driveway, at the mall or in the grocery store parking lot. So why should they be able to stop cars at a roadblock and question people without probable cause?

While that's a valid question, the U.S. Supreme Court has ruled that sobriety checkpoints are legal.

If you happen to be stopped at a sobriety checkpoint in Virginia, you will be required to provide identifying information such as your name, address, license, registration and proof of insurance. Legally, you are not required to say anything except to identify yourself. However, what you should do is be careful to say as little as possible, because what you say can be used against you. Even what you might consider a harmless remark, such as saying that you had one drink at dinner, could be seen as an admission of guilt.

If you are facing a Virginia DUI charge, contact our office to schedule a free consultation with Will Davis.