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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

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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.


"If you got legal issues I highly recommend this company. They got me out of a jam! With all charges dropped. And reasonably priced."
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"I can actually say that Paul is a GREAT LAWYER!! Takes care of business. He got a very big felony dismissed that was hovering over my life for a couple of years and stopped me from doing many things freely, He also got a Dui Dismissed as well as a few other things! My record is now clean. Thank you Paul Stracci!"
Timmy ShellToe, Criminal Case
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