Many Rochester area police departments will occasionally set up roadblocks or checkpoints in an effort to deter drinking and driving.

This is particularly common around holidays and at other times when it is anticipated more people than usual will be out drinking.

While it legal for police officers to set up DWI roadblocks and stop drivers, there are specific regulations that they must follow when doing so.

The police cannot just pull drivers over and then make them get out of the car to perform field sobriety tests.

Instead, the law requires that DWI checkpoints be executed in a way that provides for minimal intrusion on the drivers passing through the checkpoint.

Generally, this means that the officer may stop the driver and, for example, ask to see a driver’s license and registration.

If there is no indication from this initial interaction that the driver may be under the influence of alcohol or drugs, the police officer should not subject the driver to a prolonged stop.

If the police officer does note some signs that the driver may be impaired or intoxicated, however, the officer may then conduct an additional investigation to determine if there is evidence to support an arrest.

This additional investigation will typically include a request that the driver exit the car and perform various field sobriety tests.

While being combative with police officers should be discouraged, drivers in this situation should be aware that the police cannot “make” them perform field sobriety tests.

A driver who is not comfortable with taking any of the field sobriety tests he or she may be asked to perform may legally refuse to perform the field test.

There are several rules surrounding DWI roadblocks, and it is important to have the help of an experienced lawyer if you are arrested at one.

We can be reached at 585-484-7432 for legal help.