DUI Checkpoints Legal in South Carolina
In South Carolina, DUI checkpoints are a legal tool used by law enforcement to deter drunk driving and enhance public safety. The framework surrounding these checkpoints has solid support from both state law and a U.S. Supreme Court decision made in 1990. The checkpoints have become a topic of discussion among residents and drivers, particularly regarding their rights and the legality of certain actions when approaching these enforcement areas.
Who is Involved?
Local law enforcement agencies throughout South Carolina implement DUI checkpoints. Defense attorneys are also engaged in this issue as they handle the cases of individuals charged with driving under the influence. According to legal experts, these checkpoints aim to catch those whose “faculties to drive are materially and appreciably impaired.”
What Are DUI Checkpoints?
DUI checkpoints are established locations where police officers stop drivers to check for signs of intoxication. The primary goal is to remove impaired drivers from the road, thereby increasing public safety. These checkpoints are not created arbitrarily; they must follow specific regulations to stay within the law. The South Carolina law firm Bannister, Wyatt and Stalvey elaborates that a checkpoint can be justified if it is set up in an area known for a high rate of drunk driving incidents.
Where Do They Occur?
While DUI checkpoints can occur anywhere in South Carolina, they are often situated in areas identified as hotspots for drunk driving accidents. These locations can be busy intersections or roads that have been associated with past DUI incidents.
When Are They Conducted?
DUI checkpoints can be conducted at various times, but many are set up during weekends and holidays when drinking occurrences are typically higher. The intention is to capture as many potential violators as possible during these high-risk periods.
Why Are They Important?
South Carolina’s approach to DUI checkpoints is bolstered by the aim of improving public safety. The checkpoints serve as a deterrent against drunk driving, contributing to a reduction in accidents and fatalities associated with impaired driving. The state is concerned about the integrity of its roadways, and checkpoints are one mechanism to help maintain that safety.
What to Do When Approaching a Checkpoint?
Drivers should know their rights when they approach a DUI checkpoint. Legal maneuvers to avoid checkpoints are allowed, as long as traffic laws are not violated in the process. Lexington attorney James R. Snell Jr. clarifies that making a legal turn to avoid the checkpoint is permissible.
However, if a driver commits a traffic violation while attempting to bypass a checkpoint, police may stop them. Drivers are encouraged to always use turn signals, abide by traffic rules, and not perform dangerous maneuvers such as U-turns or crossing solid lines.
Advice at the Checkpoint
If stopped at a DUI checkpoint, it is essential to remain calm and cooperative. Drivers have the right to remain silent if questioned by police, not disclosing information that may incriminate them. If police request to exit the vehicle, compliance is necessary. Being prepared for these interactions can significantly reduce stress during the process.
Conclusion
Overall, DUI checkpoints in South Carolina play a crucial role in promoting road safety. Understanding the laws surrounding these checkpoints and how to interact with law enforcement can empower drivers, potentially keeping both them and others safer on the roads.
