If you were arrested at a DUI checkpoint in South Carolina, the stop itself may be one of the first things reviewed in your case. South Carolina law enforcement officers use several methods to find drivers who may be operating a vehicle under the influence of alcohol or drugs. One of them is the checkpoint, where officers briefly stop vehicles to screen a larger number of motorists.
Checkpoints are also used to check for a valid license, registration, and proof of insurance. Courts require checkpoints to meet constitutional limits, however, and a checkpoint that falls short can lead a judge to exclude evidence gathered at the stop.
Our DUI attorneys in Greenville at Touma Law Group know how courts review checkpoint stops and the arrests that follow them. If you have been arrested at a DUI checkpoint, contact our legal team today to schedule a consultation.
Are DUI Checkpoints Legal in SC?
Yes, DUI checkpoints can be legal in South Carolina. In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the U.S. Supreme Court held that a highway sobriety checkpoint program, with guidelines for site selection, operation, and publicity, in which every vehicle was stopped briefly, was consistent with the Fourth Amendment. In that program, the average delay for each vehicle was about 25 seconds.
That does not mean officers can set up a checkpoint however they like. Courts weigh the public interest served by the checkpoint, how well the checkpoint serves that interest, and how much it intrudes on individual liberty. The South Carolina Supreme Court applied this three-part test in State v. Groome, Opinion No. 26510 (S.C. June 30, 2008), a case about a license checkpoint. Points that come up in a challenge to a checkpoint include:
- Purpose. Under City of Indianapolis v. Edmond, 531 U.S. 32 (2000), a checkpoint whose primary purpose is general crime control violates the Fourth Amendment. In Groome, the South Carolina Supreme Court affirmed an order suppressing evidence because the trial judge found the checkpoint’s primary purpose was general crime suppression. A checkpoint that screens for impaired drivers or checks licenses and registrations serves a different, highway safety purpose.
- A plan, not officer discretion. In Sitz, checkpoints were selected under guidelines and officers stopped every vehicle. In Groome, the trial court found the State presented no evidence of the checkpoint’s plan, procedures, or duration.
- Evidence the checkpoint works. In Groome, the South Carolina Supreme Court found that the State offered no evidence on how well the checkpoint served the public interest, which was an alternative reason the checkpoint failed. Results from the checkpoint, such as the number of violations found, are the kind of data courts look for.
- A brief stop. In Sitz, the Court weighed the brief length of the stops, about 25 seconds per vehicle on average.
These limits matter because the prosecutor may have to show that the stop did not violate your Fourth Amendment protections against unreasonable search and seizure. If a court finds the stop unconstitutional, evidence obtained from it may be suppressed. Whether a particular checkpoint met these standards depends on the facts, and an attorney can review them with you.
What Are Your Rights at a DUI Checkpoint?
At a checkpoint you give up some convenience, but not your constitutional rights. Like any dealing with law enforcement, it helps to know what you must do and what you are not required to do.
What Are You Required to Do?
- You must stop when a law enforcement officer signals you to stop with a siren or flashing light. S.C. Code Ann. § 56-5-750 makes it unlawful to fail to stop when signaled by a law enforcement vehicle.
- You must display your driver’s license when an officer asks for it, under S.C. Code Ann. § 56-1-190.
- The person driving must carry the vehicle registration card and display it on an officer’s request, under S.C. Code Ann. § 56-3-1250.
- The owner must keep proof of insurance in the vehicle and display it when a police officer asks, under S.C. Code Ann. § 56-10-225.
- Officers may order a driver out of a lawfully stopped vehicle. The U.S. Supreme Court held in Pennsylvania v. Mimms, 434 U.S. 106 (1977) that such an order, issued after a driver is lawfully detained, is reasonable under the Fourth Amendment.
What Are You NOT Required to Do?
- You are not required to answer investigatory questions about where you have been or what you have had to drink. The Fifth Amendment protects you from being compelled to incriminate yourself.
- You are not required to perform field sobriety tests in an ordinary DUI stop. S.C. Code Ann. § 56-5-2953(A)(1)(b) provides that a refusal to take a field sobriety test does not constitute disobeying a police command. The exception is a stop where an officer suspects you caused a crash that killed another person, in which case S.C. Code Ann. § 56-5-2948 requires the driver to submit to field sobriety tests if physically able.
- Chemical testing is a separate matter that comes after an arrest. Under the implied consent law, S.C. Code Ann. § 56-5-2950, a driver who is arrested for DUI is considered to have consented to a chemical test of breath, blood, or urine. Before any test, the officer must tell you that you do not have to take it, that your license must be suspended for at least six months if you refuse, and that your refusal may be used against you in court. Under S.C. Code Ann. § 56-5-2951, the suspension for a refusal is six months for a driver with no prior DUI-related conviction or suspension in the ten years before the refusal, and it is longer for repeat situations. You may request a contested case hearing within 30 days of the notice of suspension.
What to Do if You Are Stopped at a Checkpoint
If you are stopped at a South Carolina checkpoint, staying calm helps. Acting hostile, overly nervous, or disruptive during the stop tends to draw more attention, whether or not it is warranted.
It is usually practical to be polite and cooperative. Address the officer courteously and hand over your license, registration, and proof of insurance when asked. You can politely decline to answer questions that may incriminate you, for example by telling the officer that you do not wish to answer questions.
What to Do After an Arrest at a DUI Checkpoint
South Carolina treats drunk driving seriously. A DUI conviction can affect your finances, your personal life, and your work. The penalties for a first offense are set by S.C. Code Ann. § 56-5-2930: a fine of $400 or imprisonment of not less than 48 hours nor more than 30 days, with higher penalties when the alcohol concentration is 0.10 percent or more, and higher penalties for later offenses.
If you are facing a DUI charge, contact a criminal lawyer in Greenville as soon as possible. A lawyer can review the stop, the arrest, and the testing, and can explain your options for your license and your case. Contact Touma Law Group at 864-618-2323 today to schedule a consultation.
