DUI Checkpoints in Las Vegas: Your Rights and What to Expect

DUI checkpoints in Las Vegas are legal when they follow the rules. The U.S. Supreme Court has held that a properly run sobriety checkpoint is consistent with the Fourth Amendment, and Nevada law, NRS 484B.570, sets out how police must set up and mark an administrative roadblock. You must stop at a checkpoint, but a stop is not an arrest. If a checkpoint stop led to a DUI charge, talk with a lawyer about Las Vegas DUI defense as early as you can.

Key takeaways

• In Michigan Department of State Police v. Sitz (1990), the U.S. Supreme Court held that a highway sobriety checkpoint program was "consistent with the Fourth Amendment."
• NRS 484B.570 lets Nevada police set up administrative roadblocks "for any lawful purpose" other than identifying a vehicle's occupants or responding to an emergency, and it requires clear warning signs and lights.
• Driving through a roadblock without stopping is a crime under NRS 484B.580, from a gross misdemeanor up to a category B felony.
• Nevada's implied consent laws, NRS 484C.150 and 484C.160, cover preliminary and evidentiary tests when an officer has reasonable grounds to believe you are impaired.
• Refusing an evidentiary test leads to license revocation for one year, or three years for a repeat refusal within seven years (NRS 484C.210).

Are DUI checkpoints legal in Nevada?

Yes. Sobriety checkpoints have been upheld under the U.S. Constitution, and Nevada law, NRS 484B.570, authorizes police to set up administrative roadblocks if they follow specific safety rules.

The leading federal case is Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990). The Supreme Court agreed that stopping a car at a checkpoint is a "seizure" under the Fourth Amendment. Even so, it held that the checkpoint program in that case was "consistent with the Fourth Amendment." The Court also noted that holding a particular driver for more extensive sobriety testing is a separate step that may require individualized suspicion.

In Nevada, NRS 484B.570(1) says police officers "may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose other than identifying the occupants of a vehicle or because of the existence of an emergency." The statute doesn't name DUI enforcement specifically. Whether a particular checkpoint was lawful depends on how it was planned and run, which is a question for your lawyer.

What rules must a Nevada checkpoint follow?

AI illustrations; not a real checkpoint or agency.

NRS 484B.570(2) sets minimum warning requirements "to warn and protect the traveling public." A roadblock that doesn't meet them may be worth raising with your attorney.

NRS 484B.577 adds that these roadblock rules "do not limit the existing authority of police officers in the performance of their duties involving traffic control." In other words, officers can still make ordinary traffic stops.

Can you refuse to stop at a DUI checkpoint?

No. Under NRS 484B.580, it is unlawful to drive through an administrative roadblock "without subjecting himself or herself to the traffic control established at the roadblock," or to disobey an officer's lawful orders there.

This article doesn't offer tips for avoiding checkpoints. If you're driving, stop, stay calm and follow the officers' directions.

What happens when you're stopped at a DUI checkpoint?

At most checkpoints, an officer briefly speaks with each driver and looks for signs of impairment. If nothing raises concern, you're usually waved through. If the officer sees signs of impairment, the stop can turn into a DUI investigation.

A checkpoint stop often follows this pattern:

1. The brief stop. You pull up, an officer greets you and may ask for your license and registration.
2. Observation. The officer watches and listens for signs such as the smell of alcohol, slurred speech or open containers.
3. Secondary screening. If the officer suspects impairment, you may be directed to a separate area for more questions or testing.
4. Testing. The officer may ask you to take a preliminary breath test and may ask you to perform roadside tasks.
5. Release or arrest. You're either allowed to leave, or arrested and asked to take an evidentiary test.

Our guide to your DUI rights during a traffic stop explains the questions and requests you may face in more detail.

Do you have to take a breath test at a checkpoint?

Nevada's implied consent laws mean that by driving, you're treated as having consented to certain tests when an officer has reasonable grounds to believe you are impaired. Refusing has consequences, but the rules differ for preliminary and evidentiary tests.

Preliminary breath test (NRS 484C.150). This is the roadside breath test. You're deemed to have consented to it when an officer stops your vehicle and "has reasonable grounds to believe" you were driving under the influence or committing another listed DUI offense. If you refuse, the officer "shall, if reasonable grounds otherwise exist, arrest the person" and take you for an evidentiary test. The preliminary result can't be used in a criminal case except to show there were reasonable grounds for the arrest.

Evidentiary test (NRS 484C.160). This is the blood, breath or other test used as evidence. The officer must tell you that your "license, permit or privilege to drive will be revoked" if you refuse.

License revocation for refusal (NRS 484C.210). If you refuse an evidentiary test, NRS 484C.210(1) sets a one-year license revocation, or three years if your license was revoked for a refusal in the preceding seven years. Subsections (3) and (4) also address ignition-interlock driving privileges and restricted licenses in certain circumstances. Ask your lawyer about eligibility; do not drive unless you have the required authorization.

For the full picture on refusals, read our article on Nevada DUI breath test refusal.

What if you're arrested after a checkpoint?

Facing a DUI charge after a checkpoint? Contact Thomas Boley for a free consultation about your situation.

A checkpoint arrest is handled like any other DUI arrest in Nevada. The charge is usually under NRS 484C.110, which makes it unlawful to drive while under the influence or with a blood or breath alcohol concentration of 0.08 or more.

If you're arrested, keep these steps in mind:

• Stay calm and don't argue with officers at the scene.
• Remember the details: where the checkpoint was, the time, what signs and lights you saw, and what officers said.
• Keep every document you're given, including any notice about your license.
• Avoid discussing the case with anyone except your lawyer.
• Contact a criminal defense attorney promptly.

You can read the statute in plain language on our page about DUI under NRS 484C.110.

Can a checkpoint DUI be challenged?

Sometimes. A defense can look at whether the checkpoint itself was lawful and whether officers had a proper basis for each step that followed. Every case depends on its own facts, and no defense is guaranteed.

Questions a defense lawyer may look into include:

• The roadblock setup. Did the checkpoint meet the visibility, sign, light and distance requirements in NRS 484B.570?
• The purpose. NRS 484B.570 doesn't allow a roadblock just to identify a vehicle's occupants.
• Reasonable grounds. Did the officer have reasonable grounds before asking for a preliminary or evidentiary test, as NRS 484C.150 and 484C.160 require?
• Search and seizure. Was anything else in the car searched, and was that search lawful? Our article on illegal search and seizure defense explains how evidence can be challenged.
• Testing procedure. Were the tests given and recorded properly?

We represent clients across Las Vegas, Henderson and Spring Valley.

Frequently asked questions

Yes, when they follow the law. The U.S. Supreme Court upheld a sobriety checkpoint program in Michigan Department of State Police v. Sitz (1990), and NRS 484B.570 sets the rules for administrative roadblocks in Nevada.

This article doesn't give advice on avoiding checkpoints. Driving through a roadblock without stopping is a crime under NRS 484B.580, and NRS 484B.577 says the roadblock rules don't limit officers' normal authority to enforce traffic laws.

You must stop and follow an officer's lawful directions at the roadblock (NRS 484B.580). The Fifth Amendment says no person "shall be compelled in any criminal case to be a witness against himself." Ask a lawyer how that applies to the questions you're asked.

Refusing a preliminary breath test can lead to arrest if reasonable grounds exist (NRS 484C.150). Refusing an evidentiary test leads to license revocation for one year, or three years for a repeat refusal within seven years (NRS 484C.210).

Talk to a Las Vegas attorney about a checkpoint DUI

If you were arrested at a DUI checkpoint, the way the checkpoint was set up and the steps officers took afterward can matter. Thomas Boley Attorney At Law offers a free, confidential consultation to review your situation.

Contact us for a free consultation or call (702) 435-3333.

This article is general information about Nevada law, not legal advice, and reading it does not create an attorney-client relationship. Laws can change, and every case depends on its own facts. Speak with a licensed Nevada attorney about your situation.

Sources

• NRS 484B.570 — Administrative roadblock: establishment; minimum requirements
• NRS 484B.577 — Authority of police officers not limited by roadblock provisions
• NRS 484B.580 — Failure to stop at roadblock; penalties
• NRS 484C.110 — Unlawful acts relating to operation of vehicle
• NRS 484C.150 — Implied consent to preliminary breath test
• NRS 484C.160 — Implied consent to evidentiary test
• NRS 484C.210 — Revocation of license for failure to submit to evidentiary test
• NRS 193.140 — Punishment of gross misdemeanors
• U.S. Constitution, Fifth Amendment
• Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990)