DUI Checkpoints

It’s late at night and you’re heading home when traffic slows ahead. You see flashing lights, cones, and several police cruisers blocking part of the road. An officer motions for you to stop and roll down your window. You have just entered a DUI checkpoint — also called a sobriety roadblock.

For many Connecticut drivers, this can be a nerve-racking moment. Even if you have had nothing to drink, the presence of multiple police officers and the uncertainty of what comes next can be overwhelming. Many people wonder if checkpoints are even legal in the first place, and if so, what their rights really are.

The short answer is that DUI checkpoints are legal in Connecticut, but they are tightly regulated by constitutional requirements. If officers fail to follow these rules, any arrest they make at a checkpoint can be challenged in court. As a Connecticut DUI defense lawyer with more than 30 years of experience, I have defended countless clients arrested at checkpoints, and I know where to look for mistakes.

This article explains how checkpoints work, what rules police must follow, the rights you have, common mistakes to avoid, and the defenses that may apply if you are arrested.

Yes. DUI checkpoints are permitted under both federal and Connecticut law. The U.S. Supreme Court has ruled that sobriety checkpoints are an exception to the general rule that police need individualized suspicion to stop a vehicle. The Court decided that the public’s interest in preventing drunk driving outweighed the brief intrusion on drivers.

However, police cannot simply set up random roadblocks whenever they wish. In Connecticut, checkpoints must be planned in advance, supervised by ranking officers, and operated according to strict guidelines designed to protect drivers’ rights. If the police fail to meet those requirements, then the checkpoint is invalid, and any arrest that flows from it may be thrown out in court.

A Connecticut DUI checkpoint is not supposed to feel like a dragnet or a fishing expedition. The purpose is to stop vehicles briefly, speak with drivers, and only detain those who show signs of impairment. Police typically set up checkpoints on busy nights and weekends, especially around holidays like Memorial Day, July 4th, Labor Day, Thanksgiving, and New Year’s Eve.

As you approach, you’ll see signs, lights, and officers directing traffic. You’ll be asked to stop and present your license and registration. During this brief interaction, officers are trained to look for evidence of impairment such as slurred speech, the odor of alcohol or drugs, bloodshot eyes, or fumbling with paperwork.

If nothing seems unusual, you’ll likely be waved through within a minute. If, however, the officer thinks you may be impaired, you’ll be directed to a secondary screening area. At that point, you may be asked to perform field sobriety tests, blow into a breathalyzer, or, in some cases, undergo a drug recognition evaluation. If the officer believes there is probable cause, you will be arrested and taken into custody.

Because DUI checkpoints are an exception to the usual protections against unreasonable stops, Connecticut courts require strict safeguards.

• Supervisors must plan the checkpoint in advance. Officers in the field cannot decide on their own to set one up.
• The checkpoint must follow neutral stopping criteria, such as stopping every third car. Officers cannot choose drivers arbitrarily.
• The site must be safe and visible, with cones, lights, and signage.
• Stops must be brief unless officers develop reasonable suspicion.
• Police must provide public notice in advance, usually through press releases or local media.

If these rules are ignored, your lawyer can challenge the legality of the checkpoint and move to suppress any evidence gathered there.

Even though checkpoints are legal, you do not give up your rights when stopped. You always have the right to remain silent. You are not required to answer questions such as “Where are you coming from?” or “Have you been drinking?” Politely declining to answer is better than admitting to “just one or two drinks,” which often leads to more testing.

You are not required to perform field sobriety tests, which are voluntary and notoriously unreliable. Refusing them does not trigger an automatic license suspension, though police may still arrest you if they believe they have probable cause.

You can also refuse a roadside handheld breath test before you are formally arrested. These devices are less accurate and mainly used for screening. However, if you are arrested, Connecticut’s implied consent law applies. Refusing the official post-arrest breath or blood test will result in an automatic license suspension from the DMV and may be used against you in court.

Most importantly, if you are arrested, you have the right to consult an attorney before answering further questions. Exercise that right immediately.

Yes. Drivers are allowed to avoid checkpoints if they can do so legally. You may take a side street or make a lawful turn to bypass a roadblock. Police cannot stop you simply for avoiding a checkpoint.

However, if you make an illegal maneuver — like a sudden U-turn across a double yellow line or stopping abruptly in traffic — officers will have probable cause to pull you over. If you choose to avoid a checkpoint, do so calmly, use your turn signal, and obey all traffic laws.

In my practice, I often see the same mistakes repeated by drivers at checkpoints. The most damaging is admitting to “just one or two drinks.” Even if that is accurate, it almost always prompts officers to investigate further. Volunteering too much information about your evening or appearing overly nervous can also make matters worse.

Some drivers agree to perform field sobriety tests without realizing they are optional. These tests are difficult, subjective, and often conducted under stressful conditions late at night. Even sober drivers can stumble or appear unsteady. Remaining calm, polite, and firm about your rights is the best way to protect yourself.

If you are arrested at a checkpoint, the penalties are the same as any DUI in Connecticut. A first offense can result in up to six months in jail (often suspended with probation), fines between $500 and $1,000, a 45-day license suspension, and one year with an ignition interlock device.

A second offense carries up to two years in jail, fines of up to $4,000, another 45-day suspension, and three years with an ignition interlock device. A third or subsequent offense can mean up to three years in jail, fines of up to $8,000, and permanent license revocation.

On top of these criminal penalties, the DMV may suspend your license administratively through the Per Se hearing process, which runs parallel to the criminal case. This means you could lose your license even before your court case is decided.

Although being arrested at a DUI checkpoint feels overwhelming, these cases are often highly defensible. One of the first steps a defense lawyer will take is to challenge whether the checkpoint itself was constitutional. If supervisors did not authorize it properly, if no notice was given, or if officers were stopping cars in an arbitrary way, the entire operation may be ruled invalid. In those situations, all of the evidence gathered at the checkpoint can be suppressed, and the charges may be dismissed.

Even if the checkpoint was technically valid, the officer must still have reasonable suspicion to detain you for further testing. Being nervous, having red eyes, or fumbling with documents is not always enough. A lawyer can argue that your detention and arrest lacked proper justification. Field sobriety tests are another weak point because they are highly subjective, and many innocent factors — medical conditions, fatigue, or uneven pavement — can make someone “fail.” Chemical breath and blood tests can also be attacked if the equipment was not calibrated properly or if the testing process was mishandled.

For many first-time offenders, another critical option is Connecticut’s Impaired Driver Intervention Program (IDIP). This diversionary program allows eligible defendants to attend alcohol education classes and, if completed successfully, have their DUI charge dismissed. Admission is not automatic, but with an attorney advocating on your behalf, you have a strong chance of being accepted. IDIP provides an important path to keeping your record clean while avoiding the risks of trial.

If you encounter a checkpoint, stay calm. Have your license and registration ready, and be polite to the officers. Do not volunteer information or admit to drinking. Politely decline field sobriety tests, and if you are arrested, ask to speak to a lawyer before answering any more questions. After the encounter, write down everything you remember about the checkpoint, including the location, the time, and what the officers said. These details may become important in your defense.

Yes. They are permitted under federal and state law as long as strict rules are followed. If police skip steps like giving advance notice or using neutral stopping criteria, your lawyer can challenge the checkpoint and possibly get your case dismissed.

No. You are not required to answer questions like “Have you been drinking?” or “Where are you coming from?” Remaining silent is often the safest choice because even small admissions can give officers more grounds to escalate the stop.

Yes. These tests are voluntary, and many lawyers recommend declining because they are subjective and designed to make drivers fail. Police may still arrest you, but you will have avoided giving them shaky video evidence that can be used against you later.

If you refuse the official post-arrest breath or blood test, the DMV will automatically suspend your license for 45 days and impose a one-year ignition interlock. Police can also use your refusal as evidence of guilt in court. Even so, in some cases refusal gives your lawyer more room to challenge the evidence.

Yes, but only if that was the plan announced ahead of time. Typically, they stop vehicles based on a neutral system like every third car to avoid discrimination or profiling. If officers picked cars arbitrarily, that could be grounds to fight your arrest.

Yes. Police usually publish notices through press releases or local media before setting up checkpoints. If no notice was given, that failure can be used by your lawyer to challenge the legality of the stop.

Yes, you may legally avoid a checkpoint if you do so safely and without breaking traffic laws. Simply turning onto a side street or making a legal turn is not against the law. However, making a sudden or illegal maneuver gives police probable cause to stop you immediately.

A lawyer can challenge whether the checkpoint was set up and run correctly under the law. They can also dispute the officer’s observations, attack the reliability of field sobriety or breath tests, and argue that your detention lacked probable cause. Many checkpoint cases are reduced or dismissed when these defenses are raised.

Even admitting to one drink can give police justification to investigate further, so it is best not to say anything. Many people think being honest will help, but it usually makes the situation worse. Staying calm and silent keeps more options open for your defense later.

Yes. Police in Stamford, Norwalk, and Greenwich frequently set up checkpoints on weekends and holidays when DUI activity is highest. They are especially common near nightlife districts, so drivers in those areas should expect increased enforcement.

If you’ve been arrested at a DUI checkpoint in Stamford, Norwalk, Greenwich, or anywhere in Connecticut, you need an experienced defense lawyer to protect your rights. Police often overstep their authority at checkpoints, and many of these cases can be fought successfully.

📞 Call me today at (203) 357-5555 for a free consultation, or reach out through my contact page. I will fight to protect your license, your record, and your future.