Lancaster DUI Checkpoints

April 3, 2025 | Car Accidents

Lancaster DUI Checkpoints

Driving under the influence or with a BAC (blood alcohol content) above the legal limit is illegal in Pennsylvania. Law enforcement officers have several tools they use to identify drunk drivers, including DUI checkpoints.

The United States Supreme Court has ruled that DUI checkpoints (i.e., sobriety checkpoints) are not a violation of a person’s Fourth Amendment rights. The court ruled that the checkpoints meet the reasonable search and seizure standard. Therefore, DUI checkpoints are legal in Pennsylvania.

What Are the Requirements for DUI Checkpoints in Lancaster, PA?

The Pennsylvania Code allows law enforcement officers to use systematic programs to check drivers and vehicles. Additionally, the courts in Pennsylvania have ruled that DUI checkpoints must follow specific requirements to be legal. These include:

  • The decision to schedule a sobriety checkpoint, the time of the checkpoint, and the checkpoint’s location must have prior administrative approval.
  • The location and time of a DUI checkpoint must be based on reasonable knowledge of where and when impaired drivers are likely to travel.
  • There must be warnings and visible signs stating a DUI checkpoint is ahead.
  • Vehicles must be stopped based on a predetermined, objective, and fixed standard established by the administration and not by the police officers operating the DUI checkpoint.
  • Drivers should only be stopped briefly, and the stop cannot include a physical search.

These standards aim to reduce the risk that a sobriety checkpoint violates a driver’s civil rights. If you believe a DUI checkpoint violated these standards, talk with a lawyer as soon as possible.

What Are My Rights When I Encounter a DUI Checkpoint in Pennsylvania?

Understanding your rights related to a sobriety checkpoint can make the situation less stressful. It also helps you know when to seek legal counsel if your rights are violated.

The rights of drivers at a DUI checkpoint in Pennsylvania include:

  • You can turn around before they reach the checkpoint. However, the turn must be legal and safe. If you make an unsafe or illegal turn, an officer may pursue you and make a traffic stop.
  • You are not required to answer questions about whether you have been drinking or using drugs. You also do not need to answer questions about where you have been, where you are going, or what you have been doing.
  • You can refuse to take a preliminary breath test and field sobriety tests at a DUI checkpoint. However, if you refuse a chemical test after a DUI arrest, you face penalties according to the state’s implied consent laws.
  • You must provide the police officer with your name, registration, driver’s license, and proof of insurance if requested.
  • You must exit the vehicle if a police officer tells you to do so.

If a police officer suspects you are driving under the influence, they will ask you to pull over for further investigation. They will likely ask you to exit the vehicle and take the field sobriety tests. Even if you refuse to take a preliminary breath test or the field sobriety tests, you could still be arrested for DUI if the officer believes they have probable cause.

DUI Accidents in Lancaster, PA

Drunk drivers cause horrific accidents that result in injuries and wrongful deaths of innocent victims. If a drunk driver hits you, you may be entitled to economic and non-economic damages.

Steps to take after a DUI accident include:

  • Call 911 to report the crash. Tell the operator that you suspect that the driver may be intoxicated.
  • Do not confront the driver. A drunk person is unpredictable.
  • If possible, take photographs of the accident scene and make a video with your cell phone.
  • Ask witnesses and bystanders for their contact information.
  • Seek immediate medical treatment for your injuries.
  • Do not admit fault for the accident. Answer the officer’s questions with the facts, but do not make assumptions about fault.

Contact a car accident lawyer as soon as possible. You must prove the drunk driver caused the accident to recover damages. Proving fault and liability can be challenging, even if the driver is arrested for being drunk.

Learn More About DUI Accidents During a Free Consultation With a Personal Injury Lawyer

Were you or a loved one injured by a drunk driver? One of the best steps you can take is to schedule a free consultation with an experienced DUI accident lawyer. They can walk you through your legal rights and options and help you file a claim for compensation.

If you’ve been injured in a car accident, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963