Whether you call South Dakota home or you are just passing through, you should know that law enforcement here can and does set up DUI checkpoints. These stops exist to deter drunk driving and get impaired drivers off the road.
But for you, pulling up to a line of flashing lights without knowing exactly what comes next can feel confusing and uncertain, which is why it helps to know exactly what to expect and where your rights begin and end if you ever pull up to that line.
What happens at a DUI checkpoint
When officers conduct a checkpoint, they don’t choose drivers at random. They follow a set pattern — maybe stopping every third or fifth vehicle — so the process stays fair and legally sound. Once your turn comes, expect to be asked for your driver’s license, registration and proof of insurance.
While you’re talking with the officer, they will be taking in far more than just your paperwork. They are trained to look for warning signs that might suggest you have been drinking, including:
- Slurred or slow speech
- Glassy or bloodshot eyes
- The smell of alcohol in the car or on your breath
- Trouble following instructions or appearing unusually nervous
If something raises concern, you may be asked to step out for further evaluation, which could mean:
- Performing field sobriety tests like walking in a straight line
- Taking a preliminary breath test right there at the scene
For most drivers, a checkpoint stop lasts only a few minutes, but when you know what’s coming, it becomes a lot easier to keep your cool and not make snap decisions that could complicate things.
Your rights if you are stopped
You are required to hand over your identification and vehicle documents when asked. Beyond that, you don’t have to volunteer any extra information.
You can:
- Politely decline to answer questions not related to your documentation
- Say no to field sobriety tests – though be aware that refusing might still raise suspicion
- Understand that refusal of any testing may not stop the officer from acting if they believe they already have enough reason to proceed
There’s a fine line between cooperation and oversharing. Knowing where that line is and standing your ground respectfully can keep you from unintentionally making your situation worse.
What to do if you are charged after a checkpoint stop
If things escalate and you find yourself charged, remember: a charge is not the same as a conviction and you are still firmly within your rights. You can and should:
- Stay silent
- Ask for an attorney immediately
- Avoid offering explanations or opinions that could come back to haunt you
It’s normal to feel rattled in that moment. Just breathe, stay calm and resist the urge to argue or push back physically. That only leads to additional headaches you don’t need. Your best move is to rely on your right to counsel and let the process play out with the right help by your side.
After the stop, stay focused on protecting yourself
If you are ever stopped at a DUI checkpoint in South Dakota, staying calm, knowing what you are required to do and understanding what you are absolutely allowed to refuse can give you back some control in an otherwise stressful situation. And if questions linger after it’s over, taking the right steps to protect yourself is always the smart call.