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Sobriety Checkpoints

DUI Checkpoint Attorney

In Indiana, sobriety checkpoints ARE LEGAL and do not violate the Indiana Constitution’s prohibition against unreasonable searches and seizures. Indiana is one of 37 states that allow sobriety checkpoints.  Those states that permit sobriety checkpoints have very specific rules for conducting and enforcing them.  Typically, sobriety stops are of a short duration of between thirty (30) seconds to two (2) minutes.  They are set up at temporary, random locations and must not last longer than is reasonably necessary. Checkpoints must be publicized ahead of time. You are able to find out the existence of any sobriety checkpoint by doing a basic internet search.  

There are ways to challenge an arrest based on an encounter with police at a sobriety checkpoint.  The first thing that the court will determine is whether the checkpoint was legal. Courts look at things such as:

  • Why the checkpoint was needed at the location selected;
  • Whether drivers were stopped according to a neutral plan;
  • Whether adequate safety precautions were taken and whether police vehicles and officers were clearly identifiable;
  • The duration of the stop, the intensity of questioning and degree of intrusion; and
  • Whether the checkpoint was publicized.

In considering the degree of intrusion, courts look at not only the length of detention but also whether the roadblock was avoidable. You are NOT required to drive through a roadblock and may utilize the turn off provided prior to the actual roadblock.  Generally, a driver who wishes to avoid a sobriety checkpoint may do so, as long as the driver does not engage in any unlawful or dangerous behavior.  The more avoidable a roadblock is, the less it interferes with the liberty of a driver, and the more likely it is legal.  

A person detained at a sobriety checkpoint is not in custody and, therefore, police officers are not required to provide Miranda warnings. At a sobriety checkpoint, police may ask for the driver’s license and registration.  Officers may also ask whether the driver has been drinking and generally need not advise the driver of the driver’s Miranda rights.  However, a driver is NOT required to answer the officer’s questions about whether the driver has been drinking.

If you are stopped at a sobriety checkpoint, you are required to provide your:

  • Name,
  • Address and
  • Date of birth OR
  • Your driver’s license.

If you are NOT required to:

  • Answer questions,
  • Submit to Field Sobriety Test or
  • Permit police to search your vehicle.

At Stracci Law Group, there are few things our attorneys relish more than a good legal challenge. Sobriety checkpoint cases provide us with just that type of challenge. We have had a great deal of success in defending these cases over the years and if you would like us to put our skill and experience to work for you, call us today at (219) 525-1000.

Our Criminal Defense Lawyers

The Team Behind You

Paul G. Stracci, the leader of our team, defended a murder case only 10 months out of law school and won a complete acquittal. He has since developed a powerful reputation as a devastatingly effective criminal trial attorney.

The Team Behind You

Michael Woods is an experienced criminal trial attorney who has handled thousands of cases ranging from simple traffic tickets to complex homicides. A deputy prosecuting attorney for nearly 10 years, Michael knows what makes a case weak or strong, and can give clients an honest and realistic evaluation of their case.

The Team Behind You

a former prosecutor, has risen rapidly through the ranks of criminal defense attorneys as a result of her focus, work ethic, singleness of purpose, and relentless pursuit of justice.

The Team Behind You

After gaining misdemeanor and felony experience in the Indianapolis criminal courts, Peter has returned home to northwest Indiana to join the accomplished trial attorneys at Stracci Law Group and further his career as a trial lawyer.


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Niko P., Injury Case
“Paul Stracci and his entire legal team are not only aggressive and insanely knowledgeable, but they also make you feel at ease during what is already a stressful situation. They know what they are doing, they are honest, and you can trust you’ll get the best possible outcome. They have a phenomenal criminal court and personal injury practice. Only the best works at this firm and I highly recommend them to anyone who needs great representation. You won't be disappointed.”
Jen, Injury Case
“Attorney Stracci and the team treated me and my case like I was their only client. Very professional and stayed in constant communication until receiving the disposition we aimed for!  I would highly recommend Stracci Criminal Defense to all for any legal concerns or issues.”
Paul M., Criminal Case
“With being suspended from my job for allegedly costing them money through a workman compensation injury. Not only was Mr. Stracci very detailed and kept in touch constantly he prove that I was completely innocent and got the bogus case completely dismissed quickly. He personally contacted me throughout the entire case, not like other lawyers that you don't speak to at all besides in the courtroom. I will recommend him to anyone and everyone.”
Amanda, Injury Case
“I hired Paul Stracci to represent me in a felony firearms case. He and his team were able to reach a very favorable outcome within 3 months. They are competent and professional in every way. You will not regret seeking his counsel.”
Aaron, Criminal Case
“Hired Paul the day after I got out of Lake County for a DUI. I explained my situation and told him about priors. He was still confident even after I explained that this was a 3rd. I hired him and about a month later the charge was dropped! Wish I had a Paul Stracci to hire in my younger years.”
Michael, Criminal Case
“Joshua Malher is a fantastic attorney. We reached out to him for a case, and he responded immediately, and we began the process. He explained the situation with clarity, and the results were outstanding. I highly recommend Joshua to anyone who may need a criminal or personal injury attorney.”
Sonia Mendez, Injury Case
“Paul Stracci is the best lawyer I’ve ever had in my life. Throughout the times I’ve been misfortunate enough to have legal troubles or needed legal advice Stracci Law Group has always had my best interest at heart and it has always worked out in my favor. I’d personally recommend Stracci Law Group to anyone who may need legal counsel for whatever reason.”
Anthony Davis, Personal Case
“I couldn't be more satisfied with the services Paul provided and the results he was able to achieve for me in my criminal case.”
Cory, Criminal Case
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