Yes, so-called Sobriety Checkpoints are legal in the state of New Jersey, but it’s important that you understand your rights if you come upon one.
First, you do have the right to turn around using a legal U-turn, or to turn off onto another street rather than drive through the checkpoint.
You are not obligated to proceed through a DWI checkpoint in New Jersey.
Second, if you do proceed through the checkpoint, you must provide police with your driver’s license and registration. Driving is not a constitutionally protected activity, and when you operate a motor vehicle on New Jersey roads, you are providing consent for this type of inquiry.
However, you are not obligated to answer additional questions posed by police.
If you are asked things like, “So, where are you going?” or, “Had anything to drink tonight?” you are allowed to politely refuse to be questioned.
Police may also ask to search your vehicle. Again, you are entitled to decline a search at a sobriety checkpoint. Doing so may feel risky, but politely asserting your rights is legal and acceptable.
If you are arrested at a DWI checkpoint, you retain the right to politely refuse to answer questions without an attorney present.
Then make sure you call Matthew Reisig at 732-625-9660 for help from one of the most experienced DUI defense lawyers in New Jersey.
