How DUI Checkpoints Work and Your Legal Rights

Posted on December 3, 2025
  • DUI

    • To minimize the impact of drunk driving in the state, Indiana law enforcement agencies may implement DUI checkpoints. The presence of these checkpoints can help curtail drunk and drugged driving. However, law enforcement agencies do not have unfettered ability to do anything they want at these stops.

    It’s vital that you understand your legal rights at these sobriety checkpoints, and our DUI defense attorneys in Indianapolis are here to ensure that you do.

    The Purpose of DUI Checkpoints

    Despite the prevalence of public service announcements regarding the risks associated with drinking and driving, the problem persists. According to the National Highway Traffic Safety Administration, about 30% of all traffic fatalities involve alcohol. In 2023, 12,429 people were killed in alcohol-impaired driving traffic deaths.

    DUI checkpoints help to identify drunk drivers and remove them from the roadway so they don’t harm or kill others. 38 states in the country allow for DUI checkpoints. These checkpoints have proven to be effective. However, they are not all that common in Indiana, which is why they are often confusing to motorists. 

    How DUI Checkpoints in Indiana Work

    In Indiana, police set up temporary roadblocks to divert traffic through a barrier under law enforcement supervision. The law enforcement officers there stop and inspect drivers passing through the checkpoint. They do not stop every driver, though. 

    To be legal in Indiana, DUI checkpoints must:

    • Be a temporary operation
    • Be conducted within a reasonable timespan
    • Be publicized beforehand
    • Include law enforcement officers who are identifiable
    • Only conduct stops for a short period of time
    • Use a neutral and predictable process 
    • Perform adequate safety measures

    Police check for driver impairment and intoxication. It is considered a Class C misdemeanor to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more, but you can still face criminal charges for this, even at a lower BAC, if drinking affects your ability to drive safely. 

    Even though DUI checkpoints are intended to spot drunk drivers, law enforcement officers might screen for other illegal activity, too and can make arrests if they observe or detect crimes during these stops. 

    Your Legal Rights at DUI Checkpoints 

    If you encounter one of these DUI checkpoints, it’s critical that you understand your legal rights, including the following:

    • To only be detailed for a short period of time: A reasonable time for a DUI checkpoint stop is between 30 seconds and two minutes unless law enforcement has a valid reason to detain you longer.
    • To remain silent: You can refuse to answer questions that law enforcement asks you at these stops and not to incriminate yourself.
    • To refuse a field sobriety test: You do not have to consent to a field sobriety test that a law enforcement officer asks you to perform. 
    • To refuse searches: You do not have to consent to a search of your vehicle, and law enforcement might not be able to search it without a valid warrant. 

    Contact The Criminal Defense Team for Legal Assistance and Representation 

    If you were arrested at a DUI checkpoint or want to learn more about your legal rights related to DUI checkpoints, contact The Criminal Defense Team of Baldwin Perry & Wiley PC for a free case review at (317) 743-3295.