Encountering a DUI checkpoint in Buffalo or anywhere in Erie County can be a nerve-racking experience—even for drivers who haven’t consumed alcohol. These checkpoints are designed to deter impaired driving, but it’s important to remember that law enforcement officers must operate within strict legal parameters. Understanding your rights can help you remain calm and protect yourself during a checkpoint stop.

 

At The Law Offices of Dominic Paul Candino , we provide strategic, experienced defense to clients facing DUI and DWI charges across Western New York. If you’ve been stopped or arrested at a DUI checkpoint, call 716-674-8900 for a confidential consultation.

DUI Checkpoints Are Legal—But Only If Conducted Properly

The U.S. Supreme Court has ruled that DUI checkpoints are constitutional, but only under specific conditions that protect drivers’ rights. To be lawful, checkpoints must:

• Be announced in advance to the public

• Use a neutral method for selecting vehicles (e.g., every third car)

• Minimize intrusion and delay

If you’re pulled over at a checkpoint in Buffalo, Cheektowaga, Amherst, or Tonawanda, you have the right to question the legality of the stop —especially if procedures weren't followed correctly.

You Are Required to Provide Documentation—Not Incriminating Information

At any DUI checkpoint in New York State, you are legally required to provide:

• Driver’s license

• Vehicle registration

• Proof of insurance

However, you are not obligated to answer questions about whether you've been drinking, where you're coming from, or where you’re headed. You can respectfully exercise your right to remain silent, which helps prevent self-incrimination and limits unnecessary legal risk.

Field Sobriety Tests Are Voluntary in New York

Field sobriety tests—such as walking in a straight line or standing on one leg—are not legally required in New York. These tests are often subjective and may not accurately reflect impairment. If you are asked to participate in such a test, you can lawfully decline, which may help reduce the evidence available against you.

If you're unsure how your actions may be interpreted, consult a Buffalo DUI attorney immediately after your encounter.

Vehicle Searches Require Probable Cause

Unless police have clear probable cause, such as visible open containers or the smell of alcohol, they cannot search your car without your consent. Politely asserting your Fourth Amendment rights is not an admission of guilt. You may say:

“I do not consent to a search.”

This simple, lawful response helps protect you from unlawful search and seizure.

Breath or Blood Test Refusals Come With Consequences

New York is an “implied consent” state. This means that by operating a motor vehicle, you automatically consent to a breath or blood test if lawfully arrested for suspected DWI.

Refusing a chemical test can lead to:

• Immediate license suspension

• Fines and penalties

• Use of your refusal as evidence in court

These are serious consequences. If you’ve refused a test or are considering fighting a license suspension, contact our firm today to learn your legal options.

Avoiding a Checkpoint is Legal—If Done Lawfully

Yes, it is legal to avoid a checkpoint. If you see a DUI roadblock ahead and choose an alternate route without making illegal or erratic maneuvers, police cannot stop you simply for avoiding the checkpoint. However, making sudden U-turns or violating traffic laws may give officers a reason to pull you over.

If Arrested, Remain Silent and Request an Attorney

If you're taken into custody, invoke your right to remain silent immediately and request a lawyer. Do not answer any further questions. Anything you say can and will be used against you. Early legal representation is critical in protecting your rights and building your defense.

Speak With a DUI Attorney in Buffalo, NY

Facing a DUI checkpoint stop can be intimidating, but knowing your rights helps you stay in control. If you've been arrested or cited, turn to a seasoned criminal defense lawyer with decades of courtroom experience in Buffalo and throughout Erie County.

 

At The Law Offices of Dominic Paul Candino, we’ve defended Western New York residents for over 30 years in DUI and DWI cases. We know the legal system, and we know how to protect your future.

Call 716-674-8900 or schedule a consultation online to discuss your case.