Cogburn Davidson Car Accident & Personal Injury Lawyers | February 24, 2025 | DUI Accidents

Las Vegas DUI Checkpoints

Nevada law enforcement officials and our courts take drunk driving very seriously. Impaired driving can lead to a devastating DUI accident that kills or injures multiple people. Stopping drunk drivers before they cause accidents is one of the reasons for Las Vegas DUI checkpoints. Since the constitutionality of DUI checkpoints has been resolved, police departments throughout Nevada use checkpoints to catch drunk drivers.

What Is a DUI Checkpoint in Las Vegas, NV?

The United States Supreme Court order in Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990) ruled that DUI checkpoints did not violate a person’s Fourth Amendment rights. Since then, many states, including Nevada, have used checkpoints as a law enforcement tool against impaired driving.

A DUI checkpoint is a roadblock created by police officers. The officers stop vehicles for a moment to speak to and observe the drivers. They will ask the driver for their vehicle registration, proof of insurance, and driver’s license.

If an officer has a reasonable suspicion that a driver may be under the influence, they ask the driver to pull to the side. Usually, this means that the officer has noticed signs of impairment, such as slurred speech, strong smell of alcohol, bloodshot eyes, lack of coordination, etc. The officer may then request the driver to perform Field Sobriety Tests (FSTs) and/or a breathalyzer to determine if they are drinking and driving.

Law enforcement agencies must follow strict rules to ensure that a DUI checkpoint is legal. Rules that police and agencies must follow include, but may not be limited to:

  • DUI roadblocks are set up in areas where drunk driving is reasonably expected to occur.
  • The stops must be completely random. For example, every fourth vehicle is stopped. This rule prevents officers from targeting specific vehicles to eliminate profiling and discrimination.
  • Roadblocks and DUI checkpoints must be visible from at least 100 yards away. There must be clear signage, including warning and stop signs.
  • A flashing red light must be visible from 100 yards away, and warning signs must be at least a quarter of a mile away.
  • The police must provide advance notice to the public of the DUI checkpoint, including the place, time, and date of the checkpoint.
  • A high-ranking law enforcement official must supervise the DUI checkpoint.
  • The DUI checkpoint should cause minimal inconvenience for drivers and others.

An illegal DUI checkpoint may result in drunk driving charges being dismissed. Evidence collected at an unlawful checkpoint may not be admissible in court.

Can You Legally Avoid a DUI Checkpoint in Las Vegas, NV?

You can legally turn around to avoid going through a DUI checkpoint in Nevada. However, you must follow traffic laws. If you break any traffic laws or your turn puts others at risk of harm, the police may pursue you to pull you over.

If you enter the DUI checkpoint, you must stop. Failure to stop for a roadblock is a gross misdemeanor. However, if your actions result in someone’s death, substantial bodily harm, or damage to property in excess of $1,000, the charge is a Category B felony.

You cannot refuse to give the police officers your license and registration. You can be issued a ticket for failing to have any of these items. It could also lead to a more thorough investigation.

You can refuse to take Field Sobriety Tests. However, if you refuse to take a breathalyzer or other chemical BAC test, there could be consequences, including losing your driving privileges.

What Should I Do if Someone Causes a DUI Accident in Las Vegas, NV?

Call 911 immediately to report the crash. You can tell the operator you suspect the other driver may be intoxicated. Do not confront the driver or discuss the matter with anyone other than the police when they arrive.

If possible, take photographs and make a video of the accident scene. Ask witnesses and bystanders for their names and contact details. Make notes about statements made at the accident scene, including who made the statement.

Seek immediate medical treatment for your injuries. Documenting your injuries is crucial to proving a personal injury case. It is also wise to seek prompt legal advice from a Las Vegas DUI accident lawyer. Even though a driver was drunk when an accident occurred, the victim still has the burden of proving the drunk driver caused the crash to recover economic and non-economic damages.

For more information, please contact our Las Vegas DUI accident attorneys at Cogburn Davidson Car Accidents and Personal Injury Lawyers to schedule a free consultation today.

We proudly serve Clark County and throughout Nevada:

Cogburn Davidson Car Accident & Personal Injury Lawyers Las Vegas
2300 W Sahara Ave Suite 800-816, Las Vegas, NV 89102
(702) 996-4786
Open 24 hours

Cogburn Davidson Car Accident & Personal Injury Lawyers Henderson
2580 St Rose Pkwy Suite 330, Henderson, NV 89074
(702) 541-9766
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