Are DUI Checkpoints Legal in Oregon?
While every state has different laws when it comes to sobriety testing, people often ask, ”Are DUI checkpoints legal in Oregon?” Oregon is actually one of only 12 states that don’t allow the use of DUI checkpoints. Oregon lawmakers believe sobriety checkpoints to be unconstitutional as the Fourth Amendment protects U.S. citizens from unreasonable searches and seizures. Continue reading to learn more about DUI checkpoints in Oregon as well as legal probable causes to get pulled over and what to do if that happens.
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What are DUI Checkpoints in Oregon?
DUI checkpoints are roadblocks put in place by police officers on frequently traveled roads or near bars. Vehicles are randomly chosen, are stopped and the driver is checked for signs of impairment due to alcohol or drugs. The driver will be asked for their license, registration, and insurance information if applicable. If the officer is suspicious of substance use, they will request the driver undergo further sobriety testing. Either an arrest will be made or the driver will be allowed to continue on their way.
Probable Cause for DUI Stop in Oregon
The Fourth Amendment not only protects American citizens from unreasonable searches but also states that law enforcement must have probable cause to conduct a search. When it comes to DUI cases, probable cause to stop a driver may include the following:
A driver that is witnessed making traffic violations
A driver isn’t wearing a seatbelt
A driver is speeding or running a red light
A driver swerving on the road
A driver is crossing the median
A driver abruptly braking or quickly accelerating
A person is driving an automobile with a broken headlight, taillight or license plate light.
A police officer in the state of Oregon must have probable cause in order to procure a warrant, make an arrest, or stop you for a traffic violation. If it is determined that the investigating officer did not in fact have probable cause to stop you for a DUI, there is a good chance you’ll be able to have your case dismissed.
It’s important to note that probable cause is not based on suspicions or feelings but must be based on either circumstantial or factual evidence. Factual evidence of a DUI in Oregon may include surveillance footage of a driver swerving in and out of the median. An example of circumstantial evidence may involve a totaled car with several empty beer cans inside.
What to do When Pulled Over for DUI in Oregon
● Promptly Pull Over
Pulling over promptly and carefully will help you avoid an erratic or irresponsible driving charge which could be held against you later.
● Stay Calm
At the first sign of those red and blue flashing lights, your first instinct may be to panic. That is the worst thing you can do. Appearing jittery and nervous may give the officer the impression that you have something to be afraid of or even indicate signs of impairment. Try to remain as calm and collected as you can when speaking with the officer.
● Show Respect
No good can come from showing anger or disrespect to an officer. Losing your temper has the potential to escalate the problem and get you into further trouble.
● Don’t Agree to Take a Field Sobriety Test
There is no penalty or negative consequence involved with refusing to take a field sobriety test in the state of Oregon. In many instances, sober drivers are pressured into taking them and aren’t able to pass. You are simply better off declining.
● You Have the Right to Remain Silent
Did you know that you have the right to remain silent during any traffic stop? You don’t first have to read your Miranda Rights to utilize the Fifth Amendment. You don’t have to answer any questions about your alcohol consumption if you don’t feel comfortable doing so.
How Police Try to Prevent DUIs in Oregon
Because sobriety checkpoints aren’t used in Oregon, the state has developed other methods to arrest drunk drivers on holiday and busy weekends. One very successful method in place is Saturation Patrol.
Oregon Saturation Patrol
Saturation Patrol is similar to DUI checkpoints and is legal in Oregon as well as all other states. Saturation patrol is when a high concentration of police cars targets and patrols a specific area for a set period of time. They will typically focus on an area of interest such as a large venue after the conclusion of a concert where they know drinking will have taken place. Officers will expect more impaired drivers in that area at that time. Officers will be focusing on what is referred to as “Fatal Five.” This includes speeding, distracted driving, impaired driving, occupant safety, and lane safety. These 5 driving behaviors are a leading cause of fatal crashes and serious injury.
Are DUI Checkpoints Legal in Oregon Conclusion
While DUI or sobriety checkpoints are prohibited in the state of Oregon, you need to understand that driving under the influence is never ok. If you are arrested for a DUI, you’ll need a skilled attorney by your side immediately. I have years of experience when it comes to DUI cases and will be there to support you during questioning and every other step of the way. Having a trusted Oregon DUI attorney navigating the path with you will give you the best chance possible at a positive outcome. I also have a lot of experience in Portland car accident and motorcycle accident law.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
