Law enforcement in St. Louis and across Missouri use DUI checkpoints, or sobriety checkpoints, to deter and detect impaired driving. The goal is to enhance public safety, but drivers must also think about important legal considerations. 

DUI checkpoints are legal and have been upheld in courts as a valid method for promoting road safety. In 1990, the U.S. Supreme Court ruled that sobriety checkpoints do not violate the Fourth Amendment, provided they meet specific criteria. Missouri courts have adopted similar standards, allowing these checkpoints under specific guidelines.

Are There Procedural Requirements for St. Louis DUI Checkpoints?

When conducting DUI checkpoints, law enforcement agencies in Missouri must adhere to procedural requirements that typically include: 

  • Planning and supervision: Senior officers must oversee the checkpoint’s setup and operation, ensuring that decisions are made at the supervisory level rather than by field officers.
  • Neutral criteria for stopping vehicles: Officers must use a predetermined, neutral formula for stopping vehicles, such as every third car, to prevent arbitrary or discriminatory practices.
  • Public notification: Police departments should notify the public about upcoming checkpoints. The public should not be guessing, “Are there DUI checkpoints near me?”
  •  Location and timing: The location and timing of checkpoints should be reasonable and aimed at areas with a history of DUI incidents. 

A DUI checkpoint that fails to meet procedural requirements may be unconstitutional, potentially leading to the dismissal of charges arising from the stop.

What Are Your Rights at St. Louis DUI Checkpoints?

Understanding your rights during a DUI checkpoint stop is essential. 

These rights include: 

  • The right to remain silent: You are not obligated to answer questions about where you’ve been or whether you’ve consumed alcohol. Politely declining to answer is within your rights.
  • Right to refuse searches: An officer cannot search your vehicle without your consent unless they have probable cause.
  • Right to legal counsel: You have a right to speak with a criminal defense lawyer if you are detained or arrested.

It is important to remain calm and respectful during the stop, as confrontation can escalate the situation.

Can You Avoid Rolling Down Your Window at St. Louis DUI Checkpoints? 

You are typically required to roll down your window to present your driver’s license and registration at a DUI checkpoint. You have the right to remain silent beyond providing basic identification, but refusing to lower your window could give officers reasonable suspicion to investigate further. 

Missouri law allows officers to conduct DUI checkpoints for safety purposes, including to prevent DUI accidents in St. Louis. It is typically best to cooperate while limiting unnecessary conversation.

What Constitutes Drunk Driving in Missouri?

“Drunk driving” in Missouri is legally defined as Driving While Intoxicated (DWI). Under Missouri law, a person commits a DWI offense if they operate a motor vehicle while in an intoxicated or drugged condition. This includes impairment due to alcohol, controlled substances, or prescription medications.

Missouri law sets specific blood alcohol content (BAC) thresholds to determine legal intoxication:

  • Drivers 21 and older: A BAC of 0.08 percent or higher constitutes legal intoxication.  
  • Commercial drivers: A limit of 0.04 percent applies to individuals operating commercial vehicles. 
  • Drivers under 21: Missouri enforces a “zero tolerance” policy, meaning drivers under 21 can face penalties with a BAC as low as 0.02 percent. 

A driver can be charged with DWI if there is evidence of impairment affecting their ability to operate a vehicle safely, even if their BAC is below these thresholds. Missouri’s DWI laws encompass impairment due to illegal substances, prescription medications, and over-the-counter drugs that may impair driving ability. 

What Are the Penalties for DWI Offenses at A St. Louis DUI Checkpoint?

Drivers may be subject to various penalties for DWI in Missouri, depending on the severity of the offense and whether the driver has prior convictions. 

Penalties for DWI include:

  • First offense: Class B misdemeanor, potential jail time, fines, and license suspension.
  • Second offense: Class A misdemeanor, increased jail time, fines, and longer license suspension.
  • Subsequent offenses: Can escalate to felony charges with more severe penalties, including longer imprisonment and permanent license revocation.

If you have questions about DWI laws or need legal assistance after being charged, it is recommended to speak with an experienced St. Louis car accident lawyer who can provide guidance based on your case.

Contact a St. Louis Car Accident Lawyer at Schultz & Myers Personal Injury Lawyers for Help After a DUI Checkpoint

DUI checkpoints in St. Louis promote safe driving, but they must be conducted legally. It is important to understand your rights during such stops. If you have questions about DUI checkpoints or were injured in an accident involving impaired driving, call our experienced St. Louis car accident lawyers.

f you’ve been injured, please contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including  St. Louis County and Boone County and we have offices in St. LouisLadue, Columbia, Creve Coeur.

Schultz & Myers Personal Injury Lawyers – St. Louis Office
1430 Washington Ave Ste 225
St. Louis, MO 63103
(314) 444-4444

Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr
St. Louis, MO 63124

Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502
Columbia, MO 65201

Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205
Creve Coeur, MO 63141