Do drivers have to stop for DUI checkpoints? Here’s what SC law says about your rights

Conway Police Department announced on its social media that it will be conducting safety checkpoints throughout October.

Checkpoints, roadblocks set up by police officers to screen drivers for signs of impairment, are not unusual for police departments, who use them as a way to deter driving under the influence, aggressive driving and to make sure motorists are driving legally.

But do you have to stop for them? Yes.

However, while DUI checkpoints are legal in South Carolina, you do have options, such as turning around before you get to the checkpoint. Just remember, that making such choices could have consequences.

You could turn around, but don’t be surprised if police pull you over and question you a short time later because your behavior could seem suspicious, according to the law firm Axelrod and Associates.

Brad Richardson, an attorney with offices in Myrtle Beach and Conway, said DUI checkpoints are allowed, but there are guidelines that law enforcement have to follow, such as providing notification of upcoming checkpoints, which are often done through Facebook.

“You’ve got choices,” Richardson said. “You can comply with it.” But Richardson said if you have been drinking or otherwise impaired when driving or operating a vehicle, “chances are you’re going to be put through the paces.”

His best advice for drivers is to “drive legal.”

Here’s what else you should know when going through a checkpoint.

There are requirements for a checkpoint

DUI checkpoints are legal under federal law as long as they don’t violate the driver’s rights under the Fourth Amendment of the U.S. Constitution and they are related to roadway safety and not discriminatory. A U.S. Supreme Court ruling in 1990 allows DUI checkpoints, so long as certain requirements are met.

Some of the guidelines include that the checkpoint must be publicly announced in advance, the location must be selected based on data that shows a high risk of DUI violations in the area and officers can not stop vehicles randomly, but instead use a specific pattern.

In addition, the detaining of drivers should be brief.

What to do if you’re stopped

If you are stopped and asked to provide your driver’s license, you should comply. Otherwise, you could be taken into custody for not having an ID, Richardson said.

You should also comply if you are asked to get out of your vehicle and stop if directed to by a police officer. If you don’t, you could face criminal charges.

But cooperating doesn’t mean you have to consent to do field sobriety tests or answer questions.

There have been some viral videos online that suggest drivers don’t have to roll down their windows and can place a piece of paper with their information on it, stating that they choose to remain silent.

But not speaking politely with an officer could backfire.

Richardson said a driver doesn’t have to provide any information “that can be used against you.” That includes where you’ve been or whether you’ve been drinking. You could politely decline to answer questions, exercising your right to remain silent.

If you refuse to perform a field sobriety test or take a breath test, you could be arrested for DUI anyway and have your license suspended.

Under South Carolina’s implied consent laws, drivers have consented to take a breath test upon request, failure to do so could result in charges or penalties, according to Axelrod and Associates.

“Don’t try to hold court at the side of the road,” Richardson said. “Provide your information, license, registration and insurance,” and make sure you know where they are.

“Be courteous, be nice. You can be nice and still not comply without taking any tests,” Richardson said.

And if you are facing charges, Richardson said to get an attorney.