The Lawrence Police Department is holding a sobriety checkpoint this weekend.
Sobriety checkpoints are constitutional as long as certain guidelines are followed. One requirement is that the organization conducting the checkpoint provides notice of its plan. According to LJWorld.com, the LPD will conduct the checkpoint between 11 p.m. on October 14, 2016, and 3 a.m. on October 15, 2016. If you want to call LPD and ask for the exact location of the checkpoint, you have every right to do so. The police are required to tell you the exact location and even which direction of traffic will be stopped at the checkpoint.
Although drivers should have an opportunity to avoid the checkpoint, police usually post “chasers” nearby. Chasers will follow drivers that seem to have intentionally avoided a checkpoint, and they will watch for traffic violations or other driving behavior that will justify a stop.
Your rights at a sobriety checkpoint are no different than your rights during any other car stop. You do not have to consent to a search of your vehicle. You do not have to perform field sobriety tests. If police ask you to take a preliminary breath test (“PBT”), a refusal to do so is a traffic violation.
Be safe this weekend. Do not drink and drive.
If an encounter at the checkpoint leaves you in need of an attorney, call the DUI Defense Team at Joseph, Hollander & Craft: (785) 234-3272.