In February 2012, the Utah House of Representatives voted to repeal the law that made DUI checkpoints legal in Utah. Unfortunately, that bill died in the Senate. So you can expect DUI checkpoints in Utah this Christmas.
DUI Checkpoint Laws
The law that authorizes DUI checkpoints is found at Utah Code §§ 77-23-101 to 77-23-105. Some of the most important requirements are these:
- Officers need a warrant – Before police can operate a checkpoint, they need a signed warrant from a magistrate. The magistrate judge has to see a specific plan from the police about when, where, and how they intend to operate the checkpoint.
- Usually, officers notify the public – Magistrate judges usually require the police to notify the public in advance of DUI checkpoints to minimize the impact and inconvenience on drivers. If the judge ordered the police to publish notice in a newspaper and they didn’t do it, the police might not be able to use the evidence they found at the checkpoint.
- Officers have to follow a procedure – The warrant will outline a procedure that the officers have to follow to minimize the impact of the checkpoint on drivers. If they don’t follow those procedures, then they may not be able to use the evidence they find.
- If you don’t stop, you may be committing a crime – Failure to stop at an authorized checkpoint is a class B misdemeanor punishable by up to six months in jail.
What to do if you are stopped at a DUI checkpoint
The best way to avoid problems at DUI checkpoints is to not drink and drive. However, police might suspect you of DUI even if you are just taking your prescription medications in the way your doctor told you to. If police start a DUI investigation based on their suspicion that you have been drinking alcohol, using prescription drugs, or for whatever reason, you have rights.
You have the right to remain silent. Your most important right is to remain silent. The police cannot force you to answer their questions. If they ask you something and you don’t feel comfortable answering, you need to firmly, but politely say, “I am not comfortable answering your questions until my lawyer is here.”