Law enforcement agencies in and around Columbia, South Carolina regularly use DUI checkpoints as part of their efforts to make drunk driving arrests. These checkpoints are often announced in advance and are commonly set up on weekends, holidays, and during special enforcement periods. While checkpoints are legal under South Carolina and federal law, they create a very different type of DUI case than arrests that happen after a traffic stop or a car accident.
A typical DUI case begins when a driver is stopped for something like swerving, speeding, crossing the center line, or being involved in a crash. In contrast, a checkpoint stop usually happens without any observation of bad driving at all. A driver is stopped simply because they happen to be traveling through the checkpoint location. That distinction matters and can significantly affect how a DUI case is defended.
DUI checkpoints are not allowed to be set up arbitrarily. Law enforcement must follow specific constitutional requirements under both South Carolina law and federal law. These rules govern how checkpoints are planned, approved, staffed, and operated. For example, decisions about the location, timing, and manner of stopping vehicles must be made in advance by supervisors and not left to the discretion of officers in the field. Officers must follow a neutral formula for stopping vehicles, and the checkpoint must be conducted in a reasonable and visible manner.
As part of our DUI defense service, we obtain and carefully review the documentation created by law enforcement for the checkpoint. This includes written plans, approval documents, operational guidelines, and reports. If the government failed to comply with the legal requirements for establishing or operating the checkpoint, that failure can create opportunities to challenge the legality of the stop and the resulting DUI charge.
Checkpoint DUI cases are also unique because there is often no evidence of problematic driving. Many people are surprised to learn that it is not illegal to simply drink and drive in South Carolina. The law prohibits driving while materially and appreciably impaired. Law enforcement officers are trained using the DWI Detection and Field Sobriety Testing curriculum, which teaches a three phase process of DUI detection. Those phases include vehicle in motion, personal contact, and field sobriety testing.
When there is no evidence from the vehicle in motion phase, meaning no swerving, speeding, or other driving errors, the prosecutor may have a harder time proving impairment beyond a reasonable doubt. The absence of bad driving can be an important issue in defending a checkpoint DUI case, especially when the remaining evidence is based largely on subjective observations.
Many checkpoint cases also involve drivers who did numerous things correctly. A driver may have recognized the checkpoint, stopped as directed, followed instructions, produced a valid driver’s license, and pulled over safely when asked. Highlighting these correct behaviors is often an important part of defending a DUI case. Defending a DUI charge is not just about what the driver allegedly did wrong, but also about pointing out what the driver did right.
If you were arrested at a DUI checkpoint in Columbia, Lexington, or anywhere else in South Carolina, it is important to understand that checkpoint cases involve legal issues that do not arise in ordinary traffic stops. A careful review of the checkpoint’s legality and the evidence gathered during the stop can make a meaningful difference in how the case is resolved. Columbia DUI cases are frequently referred to the Richland County Central Court or the City of Columbia Municipal Court. Our lawyers regularly appear in these, and all other area DUI courts.
All cases are unique, and prior results obtained by an attorney in one matter do not indicate similar results can be obtained for other clients in other matters. If you are facing a DUI charge and have questions about checkpoint arrests in South Carolina, you are encouraged to speak with a lawyer about your specific situation. To discuss your case, call (803) 359-3301. Same day appointments are typically available.