Rosenbaum Personal Injury Lawyers | September 6, 2024 | New York City Personal Injury Blog

Brooklyn DUI Checkpoints

New York City law enforcement agencies use DUI checkpoints to enforce New York impaired driving laws. A DUI checkpoint or sobriety checkpoint stops drivers to determine if they are driving under the influence of alcohol and/or drugs.

The goal of sobriety checkpoints is to detect drunk drivers and stop them before they cause a car accident or other harm. DUI checkpoints are also used to deter drivers from operating a motor vehicle while under the influence.

New York permits law enforcement officers to use DUI checkpoints throughout the state. However, law enforcement officers must follow strict rules for Brooklyn DUI checkpoints to be legal. For a DUI checkpoint to be legal, the following rules apply:

  • The checkpoint must be set up for a specific purpose
  • Drivers cannot be detained for an unreasonable amount of time at a DUI checkpoint
  • A supervisor must oversee and supervise the DUI checkpoint
  • Officers must use property safety precautions, such as putting up signs to give fair warning of the checkpoint and using adequate lighting at the checkpoint
  • The checkpoint cannot violate a driver’s privacy to a certain degree
  • Officers must use a random pattern or formula for stopping cars that is predetermined before beginning the checkpoint and remains the same throughout the checkpoint

Drivers maintain their legal rights at a Brooklyn DUI checkpoint. For example, you do not have to consent to a search of your vehicle or person. The police must have probable cause for a legal search.

You have the right to refuse a breathalyzer or chemical test at a DUI checkpoint, but you face serious consequences for refusing a breathalyzer or chemical test. You could lose your driver’s license under New York’s implied consent law for your refusal. If you are unsure what to do at a DUI stop, talk with an attorney now to learn about your rights.

What Should I Expect at a Brooklyn DUI Checkpoint?

Knowing what to expect at a sobriety checkpoint also helps you protect your legal rights. It can also reduce anxiety about the checkpoint. Typically, you can expect the following at a Brooklyn DUI checkpoint:

  • Brief Stop: If your vehicle is selected for the next stop, the officers will pull you over briefly. During this stop, they’ll be observing you for any signs that might indicate intoxication or impairment, such as bloodshot or glassy eyes, slurred speech, or the smell of alcohol on your breath.
  • Short Chat: The officer may ask a few questions to judge your responses. For example, the officer may ask you where you are coming from or where you are headed. They may ask you if you have been drinking.
  • Field Sobriety Tests: If the officer believes that you have been drinking or are impaired, they may ask you to take a field sobriety test. The officer may also ask you to take a breathalyzer. If you fail the tests or the officer has reasonable suspicion to believe you are impaired, you may be arrested for DUI.
  • Moving On: If the officer does not see any signs that you could be impaired or intoxicated, you should be allowed to move along.

If you are arrested for DUI at a checkpoint in Brooklyn, seeking legal counsel as soon as possible can help protect your rights. An attorney can help you with the DUI charges and any repercussions for refusing to take a test to determine your BAC (blood alcohol content).

DUI Checkpoints Aim to Prevent Drunk Drivers and DUI Accidents in New York City

Brooklyn DUI checkpoints try to catch drunk drivers before they cause accidents. A DUI accident can result in serious injuries and deaths. Victims of drunk driving accidents may have a legal claim against the drunk driver for damages.

You must prove that the drunk driver caused the accident. Being intoxicated itself does not prove they caused the accident. It can create a presumption of negligence. However, you must still show that the driver did something to cause the crash. For example, the drunk driver ran a red light, thereby causing the crash.

If you prove that a drunk driver caused the accident, you can sue the driver for economic and non-economic damages. Examples of damages you may receive include:

Your time to file a DUI accident claim is limited by the New York statute of limitations. If you were injured in an accident with a drunk driver, contact our Brooklyn DUI accident lawyers for a free consultation. We help accident victims seek compensation for their injuries and damages.

Contact Our Personal Injury Law Firm in New York City

If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our Brooklyn Personal Injury lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.

Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 15th Floor
New York, NY 10005
(212) 514-5007

Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339

Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332