What to Expect if You're Stopped at a Sobriety Checkpoint in Norfolk, Virginia

If you enter a sobriety checkpoint and are stopped by a Virginia police officer, a number of things may occur. Initially, you will be asked to provide your driver’s license, vehicle registration and insurance information. You may also be asked a series of basic questions regarding where you are coming from or traveling to. Virginia police officers generally ask questions to determine whether you are exhibiting signs of impairment. While, as a general rule, you have no obligation to answer the officer’s questions, it is in your best interest to comply with a reasonable request for information. If you believe that an officer’s questions are unreasonable or harassing, you may politely state that you would prefer to consult with an attorney before providing any additional information.

If the officer suspects that you have been drinking or are under the influence of an illicit substance, you may be asked to exit your vehicle. Keep in mind that an officer may not ask you to exit your vehicle unless you are exhibiting signs of impairment. Some of these signs may include: smelling like alcohol or marijuana, slurring your words, having glassy eyes or driving erratically prior to the stop.

Once you are out of the vehicle you may be asked to complete several field sobriety tests such as walking in a straight line or balancing on one leg. You may also be asked to take a breath test. If you have not been arrested, you have the right under section 18.2-267 of the Virginia Code to refuse to take the test. If you do refuse the test you will likely be arrested for a DUI/DWI offense; however, the fact that you refused a breath test at the checkpoint may not be used against you at trial.

If you are arrested you will be required to take a breath or blood test to determine whether you are impaired. Evidence from a post-arrest breath or blood test is usually admissible in court. If you are arrested at a sobriety checkpoint in Norfolk or the Virginia Beach area, you should contact an experienced DUI/DWI attorney who can evaluate your case and determine whether the police conducted the checkpoint, and the events that led to your arrest, properly.