fbpx
Skip to Main Content

Las Vegas DUI Checkpoints

Nevada takes a strong stance against drunk driving, and Las Vegas DUI checkpoints are a critical part of this effort. With approximately 100 fatalities and thousands of injuries resulting from alcohol-related crashes annually in Nevada, Las Vegas checkpoints are essential in preventing loss of life and financial damages.

One tool in the state’s arsenal to combat drunk driving is the DUI checkpoint. Years ago, there was some dispute about whether checkpoints were constitutional, but that issue has been decided. If you have never confronted a DUI checkpoint, you might be confused about the process for passing through one. The Las Vegas drunk driving accident attorneys at Naqvi Injury Law provide more detail below.

Table of Contents

What Are DUI Checkpoints?
Navigating Las Vegas DUI Checkpoints: What to Expect
Common Las Vegas Checkpoints Locations
Las Vegas Checkpoints: Beyond Alcohol
How to Legally Avoid Las Vegas DUI Checkpoints
Can You Refuse a DUI Checkpoint in Nevada?
Constitutional Considerations of Las Vegas Checkpoints
Illegal Checkpoints in Las Vegas: Know Your Rights
Tips for Passing Through a Las Vegas DUI Checkpoint
Contact Las Vegas Drunk Driving Accident Lawyers

What Are DUI Checkpoints?

While primarily for detecting drunk drivers, officers may also check for drug use, leading to further testing if suspicion arises.

A DUI checkpoint is an exception. Police set them up on various roads around Las Vegas, particularly on nights when they expect many people to be out drinking and driving. You will know you are approaching a checkpoint because traffic will probably be stopped up a bit as the police talk to drivers.

Each checkpoint is handled a little differently depending on the traffic. Sometimes, the police will stop every vehicle that passes through, while at other times they might stop every second or third vehicle. The key point is that the stops are basically random.

At the stop, the police will ask to see your license and registration. They also ask simple questions, such as where you are going and where you are traveling from. Officers are typically looking for signs you are drunk—alcohol on your breath, bloodshot eyes, slurred speech, etc. If the officer suspects you have been drinking (or committing another crime), the officer will ask you to pull over. They will probably administer field sobriety tests and a breath test.

GET EXPERT ADVICE WITH A FREE CONSULTATION

Navigating Las Vegas DUI Checkpoints: What to Expect

If you’re unfamiliar with Las Vegas DUI checkpoints, here’s how they generally work:

  • Location and Frequency: Police set up checkpoints on various Las Vegas roads, especially on nights with expected high drinking activity.
  • Random Stops: The stops are typically random, with police sometimes stopping every vehicle or every second or third vehicle.
  • Identification and Questions: Officers will ask for your license and registration and may inquire about your travel plans, looking for signs of intoxication.
  • Field Sobriety Tests: If suspicion arises, you may be asked to pull over for sobriety tests and a breath test.

Common Las Vegas Checkpoints Locations

Las Vegas Metropolitan Police Department may announce DUI checkpoint locations, including common areas like:

  • Blue Diamond Rd
  • Frank Sinatra Drive
  • Harrison Drive
  • Paradise Rd
  • Tropicana Ave

Nevada law requires that roadblocks be visible from 100 yards away, with clear signage and stop signs. Police also need to put up a warning sign, even when constructing a checkpoint in a rural area. These requirements give drivers notice that they are approaching a roadblock.

Las Vegas Checkpoints: Beyond Alcohol

While primarily for detecting drunk drivers, officers may also check for drug use, leading to further testing if suspicion arises.

How to Legally Avoid Las Vegas DUI Checkpoints

It is not against the law to avoid a roadblock. However, you need to avoid it legally. You can avoid the roadblock but cannot do so in a way that violates a traffic law, such as pulling an illegal U-Turn. You can take a side street and avoid the roadblock if you want and doing so does not give the police a valid reason for pursuing you and pulling you over.

We encourage drivers to pay attention while driving because the police should provide notice of the roadblock. Never do anything illegal or even risky to avoid one, however.

Can You Refuse a DUI Checkpoint in Nevada?

Avoiding a checkpoint is legal, provided you don’t violate traffic laws. However, failing to stop at a checkpoint is a gross misdemeanor under Nevada law 484B.580.

Constitutional Considerations of Las Vegas Checkpoints

Though some believed DUI checkpoints violated the Fourth Amendment, the U.S. Supreme Court upheld them in Michigan Department of State Police v. Sitz (1990), citing minimal intrusion and public interest.

Roadblocks obviously violate the probable cause requirement. Officers stop people at a checkpoint for no other reason than that the driver is on the road. Many people believed that they were unconstitutional for this reason and that the United States Supreme Court would strike them down.

That didn’t happen, however. Instead, the court upheld DUI checkpoints as constitutional in a 1990 case, Michigan Department of State Police v. Sits. The Court’s reasoning was that any delay was minimal. The Court also held that the types of questions asked at a roadblock were not sufficiently intrusive to raise Fourth Amendment concerns.

At the same time, the Supreme Court reasoned, checkpoints have the potential to catch many drunk drivers and save lives, so the minimal intrusion into a driver’s privacy was outweighed by the public interest.

Illegal Checkpoints in Las Vegas: Know Your Rights

Not all checkpoints are legal. They may be deemed illegal if not set up according to state law if officers ask intrusive questions, or if there’s no probable cause for pulling a driver over.

Tips for Passing Through a Las Vegas DUI Checkpoint

While you must provide identification, you’re not legally required to answer questions. Some people recommend that you put your license, registration, and insurance inside a plastic bag and hand it over before quickly rolling your window back up. Others recommend simply pressing these documents into the glass so that the officer can read them.

We are not sure about the legality of taking those steps. If anything, an officer probably will claim he can’t see the license clearly enough through a window, so he will request that you roll it down.

Contact Las Vegas Drunk Driving Accident Lawyers

At Naqvi Injury Law, we specialize in representing victims of drunk driving accidents in Las Vegas. If you’ve been affected, contact us for a free consultation, and let our experienced team assist you.

GET EXPERT ADVICE WITH A FREE CONSULTATION

Call (702) 803-3092 Never Settle For Less

Chris Hughes
Chris Hughes
2023-07-25
Naqvi injury law is amazing! The people are wonderful and the offices are beautiful. I recommend them to everyone. Thank you so much Tarah and Jason for the amazing work and settlement!!!
Jason Stewart
Jason Stewart
2023-07-22
Great practice - settled my accident professionally and efficiently. Jason and Sabina are amazing - they both communicated and kept me updated on the status of my case throughout the duration. I really appreciate their time and efforts. Thank you again!
Donald Weiss
Donald Weiss
2023-07-14
Great service by Alex best in town ...Megan was also great ..best service I've had and I grow up with Jeff Fawell in dupage County ilinios who is a fried but also a constitution lawyer ...they are just as good
Frank Lin
Frank Lin
2023-07-06
I am a client of Naqvi Injury Law since March, 2016. In the last few of years, I have been represented by Attorney Coats and Attorney Albright, and Mrs. Rachel Bounds for three automobile accidents. They were all incredible and very organized. They provided the best legal advice and customer services to me. I felt so welcomed every time I sit feet in their office. Both attorneys and Rachel were helpful in every step in the way. They helped me gone through the treatment and recovery process. I can’t thank them enough for their wonderful services that they have provided to me. In addition, I want to use this opportunity to thank Naqvi attorney, Meghan and her Legal Assistant, Maggie. They made sure no stones were left unturned during the legal proceeding to get the case resolved. Again, thank you for all the legal services from the best injury law firm in Southern Nevada, that is the Naqvi Injury Law.
Andre Williams
Andre Williams
2023-07-03
Naqvi injury attorneys are the best I ever came across..first time I stepped in their office I was treated with the upmost respect and care from a team of attorneys case managers, and the front Desk..everyone is so amazing..Shaunda the Case Manager is awesome. She was so transparent Throughout my entire case, she went above and beyond and treated me like family…. i’m so grateful and thankful for an amazing team at Naqvi injury law… Melissa and Shawna and the rest of the staff. Keep up the good work I’m going to recommend you guys to the fullest. thank you so much.
Youth Led Hayes
Youth Led Hayes
2023-07-02
Absolutely AMAZING team Naqvi has with him, including the receptionist; they are patient, polite, considerate, and genuinely concerned about you as a client. They respond to you if not the same day, definitely within a 24 hour period. Paul and Arlene stayed in contact with throughout the process. If I’m ever needing a lawyer again Naqvi law office is it!
Business Review Journal
Business Review Journal
2023-07-01
Best law firm in Nevada!… Farhan, Paul Albright and their entire team worked endlessly on my case and walked me through every phase of the process. I couldn’t have been any happier with the resolution. They truly deserve every award they’ve received over the years. Thank you for everything Team Naqvi…
J Cole
J Cole
2023-06-27
What else could I say other than the best decision I made for my Health was switching attorneys to Paul at NAQVI. My case was complex and many things were NOT in my favor. Paul and Rachel delivered me an unbelievably generous settlement and all of my medical expenses FULLY covered. If you feel unsure about your legal representation, or have a case that seems hopeless, take a consultation with Paul at Naqvi.
Barbara Balatbat
Barbara Balatbat
2023-06-26
I was involved in an accident with someone driving a government vehicle. I chose to call Naqvi Injury law. The process was long, since my attorney Mariya Malkova was dealing with a government adjuster. Karla and Mariya always kept me updated during this whole process. This team was truly awesome and I will not hesitate to call Naqvi Law Injury again or recommend them to family & friends. Thank you to Mariya & Karla and anyone who helped on my case for all your help & support.
IcyDragon
IcyDragon
2023-06-23
Very good experience, I was in a car accident and got excellent service. Absolutely recommend to everyone. If you want the best team use Naqvi and his team!!