DUI checkpoints are legal in South Dakota. If you’re attending the Sturgis Motorcycle Rally Aug. 2 through 11, you should know your rights. These checkpoints help ensure road safety, and understanding what to expect can make the process smoother.
DUI checkpoints remain controversial despite reports from the Centers for Disease Control and Prevention that they actually lower alcohol-related accidents and fatalities. But officers must follow strict rules, just like they must for any traffic stop if they suspect you of drinking and driving.
What occurs at a DUI checkpoint?
In a typical year, news reports have noted at least a dozen active DUI checkpoints in the Sturgis area and surrounding counties during the rally. If you encounter one, police officers follow specific steps. Here’s what you can expect:
- Officers will signal you to stop your vehicle or motorcycle.
- Police will check your driver’s license, registration and insurance documents.
- Officers look for signs of impairment, including slurred speech, strange behavior or the smell of alcohol.
- If they suspect impairment, they might ask you to step out of the vehicle for further tests, like a field sobriety test.
Cooperate with the officers while being aware of your rights. You have the option to refuse some tests but know the consequences.
What should I do if police suspect me of DUI?
Officers will likely request that you take a breathalyzer test. South Dakota follows “implied consent” laws, meaning by driving, you agree to take this test if asked. Refusing can lead to immediate penalties, like license suspension.
If an officer suspects you of DUI:
- Stay calm and polite.
- Follow the officer’s instructions.
- You can refuse field sobriety tests, but refusing a breathalyzer can have serious consequences.
Having a DUI defense lawyer is crucial if police suspect you of drinking and driving. A lawyer can help protect your rights and guide you through the legal process. However, it’s essential to understand that several complicating factors can occur if you’re arrested during the Sturgis Rally.
Drinking and driving is not worth the risk, so the best advice is to refrain from drinking if you’re going to be behind the wheel. However, you have the right to defend yourself if the police charge you with DUI or any other offense.