What Are Your Rights Regarding Connecticut DUI Checkpoints?

 Posted on July 07, 2025 in Driving Under the Influence

Connecticut law enforcement agencies routinely set up  DUI checkpoints, sometimes known as "sobriety checkpoints," to catch impaired drivers. Under Connecticut state law – and federal law – these DUI checkpoints are legal, although 12 states currently either prohibit DUI checkpoints or do not use them. That said, in some cases, police officers may violate your rights during the DUI stop process.

It is essential to understand the limitations of police authority at a DUI checkpoint, so you can respond appropriately and protect yourself from unnecessary legal consequences. If you have been arrested at a DUI checkpoint and are now facing DUI charges, speaking to an experienced Stamford, CT DUI attorney can be extremely beneficial.  

Ruling in Connecticut That Makes Sobriety Checkpoints Legal

Connecticut DUI laws can be found at: CGS Sections 14‑227a, 227g, 227b.   In Connecticut v. Boisvert (1996), the Connecticut Appellate Court ruled that sobriety checkpoints are constitutionally permissible, so long as the stops adhere to the following restrictions and guidelines:

• The location and time of DUI checkpoints must be announced at least three days prior, online and through other media channels.
• Checkpoints must be located in routes known to be used by impaired drivers and in areas with a history of DUI violations and accidents.
• DUI checkpoints must be clearly marked so that they are visible to approaching drivers.
•  Checkpoints should minimize inconvenience and potential safety hazards.
• Police officers must use a predetermined, neutral pattern (such as stopping every third or fifth vehicle, rather than using either random or selective choices.
• The location and timing of the DUI checkpoint must be approved by a senior law enforcement official, and a supervisor must be present during the operation.

Any arbitrary stops or actions outside these procedures can potentially be challenged.

What Are Your Rights at a DUI Checkpoint?

If you find yourself at a DUI checkpoint, you will likely be asked to provide the officer with proof of insurance and registration and your driver’s license. If the officer asks you questions, answer them politely, without providing any additional information. You can refuse field sobriety tests as well as the preliminary field breathalyzer. You also have the right to refuse to allow the officer to search your vehicle.

If you are arrested and taken to the station, you will face administrative penalties for refusing a breathalyzer test. If the officer asks you whether you have been drinking, you can answer "no" if you have had nothing to drink; otherwise, it is probably best to simply say, "I would rather not answer any more questions without my attorney present."

Can You Legally Avoid a DUI Checkpoint?

If you are aware of the DUI checkpoint, you should avoid it altogether. If you are unaware of the checkpoint, should you try to turn around? The answer to that depends on many different factors. If you can safely turn around without being seen, without violating any traffic laws, and without causing an accident, then by all means, do so.

Be aware, however, that the police are watching for people who turn around, and this could give them reasonable suspicion to follow you and pull you over. Even the slightest traffic infraction (like making an illegal U-turn) can result in being pulled over. This makes turning around a bit risky. Since the police are stopping every third car or every fourth or fifth car, driving through the checkpoint might make you less likely to be pulled over or questioned.

Contact a Fairfield County, CT Defense Lawyer

If you are facing DUI charges, whether those charges stem from a DUI checkpoint or a "regular" DUI stop, you need experienced legal representation. Having a skilled Stamford, CT DUI attorney from Law Offices of Daniel P. Weiner ensures your rights and your future will be protected. With more than 40 years of experience in criminal law, Attorney Weiner will zealously defend your DUI charges. Call 203-348-5846 to schedule your free consultation.