DUI sobriety checkpoints/roadblocks are legal in Nevada. These checkpoints are set up in neutral locations to assess a driver’s sobriety while operating a motor vehicle. However, the police must follow specific instructions when setting up the roadblock to ensure it is a legal checkpoint under Nevada law.
The requirements for a legal DUI sobriety checkpoint/roadblock include:
- setting up the checkpoint in a neutral location
- establishing the roadblock at least 100 yards in either direction at a point on the highway clearly visible to oncoming traffic
- a sufficiently readable sign (in day or darkness) at least 50 yards from affected traffic at the entrance displaying the word “STOP.”
- At least one red flashing or intermittent light at the entrance on the side of the highway clearly visible at least 100 yards to oncoming traffic
- Warning signs on the side of the highway with burning beam light, flares, or lanterns placed near a “POLICE STOP” sign; placed at least ¼ mile from the entrance in a rural area and at least 700 feet in an urban area.
- Tests and procedures at checkpoints that are appropriate.
If the police fail to follow any of the regulations for setting up a checkpoint in Nevada, the legal status of the checkpoint can be disputed.
If a driver is stopped at a DUI checkpoint, they must be aware of their rights. Moreover, obeying the law and following the officer’s instructions are equally important. Police officers have the authority to:
- Detain any person they encounter under circumstances which reasonably indicate the person has or is committing a crime or civil infraction.
- Detain a person to ascertain their identity and circumstances surrounding their presence.
- Request the surrender of a person’s license for examination.
- Demand proof of insurance.
Note that since 2021, the Las Vegas Metropolitan Police Department has slightly modified its approach to assessing vehicles at checkpoints. Instead of checking every vehicle by setting up a confined area, they are now doing blitzes which means that the police force is more actively looking for DUI or DDUI suspects throughout the city.
The Las Vegas Metropolitan Police Department conducts blitzes at least once every month. However, these blitzes do not need to follow the laws specified for checkpoints. The DUI Strike Team patrols the city in a targeted blitz, usually picking on Saturday night each month to send up to 70 officers into a section of town to scout out impaired drivers.
The Most Recent DUI Checkpoints & Blitzes in Las Vegas
| April 22nd, 2023, Saturday | DUI Blitz in Las Vegas Prior to Labor Day Weekend |
| March 18th, 2023, Sunday | DUI Blitz in Las Vegas for St. Patrick’s Day Weekend |
| February 12th, 2023, Sunday | DUI Blitz in Las Vegas for Super Bowl Sunday |
| December 2nd – 4th, 2022, Friday to Sunday | DUI Blitz in Las Vegas |
| November 29th, 2022, Saturday | DUI Blitz in Las Vegas |
| October 29th – 31st, 2022, Friday to Monday | DUI Blitz in Las Vegas over Halloween Weekend |
| September 1st – 5th, 2022, Friday to Monday | DUI Blitz through North Las Vegas and the valley |
DUI Sobriety Checkpoints in Las Vegas, Nevada – Overview
DUI checkpoints in Las Vegas are specific, highly visible locations where police officers are allowed to check all or a certain portion of drivers for impairment. The law allows the police to follow any specific pattern of checking vehicles as long as it is not discriminatory. The police then administer field sobriety tests to drivers suspected of driving under the influence of alcohol or drugs. Depending on the results of these tests, the police may arrest the driver.
The Las Vegas Metropolitan Police Department sets up checkpoints to assess drivers for DUI in high-traffic areas, especially during the holiday season or in case of special events which involve heavy drinking or drugs. Some examples include:
- St. Patrick’s Day,
- New Year’s Eve,
- Fourth of July,
- Cinco de Mayo,
- Super Bowl Weekend,
- Halloween, and
- Labor Day.
How Do DUI Checkpoints in Nevada Work?
When a driver drives into a checkpoint in Nevada, the police officer will stop the vehicle and ask the driver a few questions, such as
- Where are you coming from?
- Where are you going?
- Have you been drinking?
As per the Fifth Amendment against self-incrimination, the driver is not obligated to answer the questions asked by the police. However, the driver doesn’t have to be rude. It’s recommended that the driver politely refuses to respond to the questions asked by the police. Additionally, Nevada law states that any person who drives or is in control of a vehicle on public roads has given express consent to blood, urine, or breath tests to determine whether a controlled or prohibited substance is present.[4] Therefore, a driver cannot invoke the Fifth Amendment to avoid taking one of these evidentiary tests.
It is common for some drivers to attempt to avoid interaction with the police. They do so by passing through the checkpoint without rolling down their windows. Instead, they hold up their license and show it through the glass. In such instances, the police officer can claim that they were unable to see well, and the driver will be required to roll down the window. It is important to remember that it is illegal for a driver to:
- Proceed or travel through an administrative roadblock or a temporary roadblock without subjecting themselves to the traffic control established.
- Disobey the lawful orders or directions of a police officer.
Penalties for Not Stopping Through DUI Checkpoints
A person who unlawfully proceeds through a checkpoint will be charged with a $1,000 fine, and if committing a felony DUI, will be subject to a minimum of 1 year in state prison.[5]
It is a misdemeanor for a person to have an open container of alcohol within the passenger area of the vehicle while on the highway.
If a driver chooses to drive through a DUI checkpoint without stopping, it is considered a violation of NRS 484B.580 and a gross misdemeanor in Nevada.
Penalties for a gross misdemeanor of not stopping through a DUI checkpoint include:
- Up to 364 days in prison and/or,
- A monetary fine of up to $2,000.
It is common for drivers to rush through a checkpoint and speed away. In such instances, the police will chase the vehicle, which can result in a possible collision.
In case driving through a DUI checkpoint result in property damage over $1,000, substantial physical harm to another individual, or death of a victim, the driver faces category B felony charges.
Penalties for a Category B Felony charge include:
- Up to six years imprisonment in state prison and/or
- A monetary fine of up to $5,000.
Depending on the case, the driver may also experience drug or drunk driving charges, which are separate from the penalties of driving through a DUI checkpoint.
If a police officer suspects the driver is impaired, the driver will be directed to a nearby area specified for field sobriety tests and preliminary alcohol screening.
How Do Police Officers Conduct Field Sobriety Tests? The police officer will look for signs of impairment or intoxication before subjecting a driver to field sobriety tests. Some signs of alcohol or drug impairment include:
- Pupil size
- Eye tracking behavior
- Slurred speech,
- Careless driving,
- Empty or open alcohol containers in the vehicle,
- The odor of alcohol in your vehicle or breath, and
- Glassy or bloodshot eyes.
Field Sobriety Tests a police officer may administer include:
- Breath Alcohol Test
- Eye Examinations
- Vital Signs and Second Pulse
Depending on the results of the preliminary alcohol screening and field sobriety tests, the driver may be arrested for driving under the influence. An arrested driver is required to take an evidentiary blood or breath test.
Even if a driver is not intoxicated, the driver can still be penalized for other traffic violations, such as driving on a suspended or invalid license.
Does the Police Notify in Advance About DUI Checkpoints in Las Vegas?
The police in Las Vegas can set up checkpoints without any prior notice to the public. However, it is common for the police in Las Vegas to disclose the checkpoint locations and dates a few days in advance.
What Are the Common Locations for Setting up DUI Checkpoints?
The police may set up DUI sobriety checkpoints anywhere throughout Las Vegas, including North Las Vegas and Henderson.
Here’s a list of ten streets where the Las Vegas Metropolitan Police Department had recently set up DUI checkpoints.
- Buffalo Dr.
- Blue Diamond Road
- Decatur Boulevard
- Frank Sinatra Dr.
- N. Nellis Boulevard
- Maryland Parkway
- Paradise Road
- Tropicana Avenue
- Russell Avenue
- Vegas Dr.
Can a Driver Turn Around the Vehicle if There’s a Checkpoint in the Distance?
The driver is legally allowed to turn their vehicle prior to the checkpoint (if they see a warning sign of a nearby DUI checkpoint) to avoid going through it.
However, the driver cannot violate other traffic laws, such as making an illegal U-turn or an improper turn. Moreover, the driver must also refrain from other dangerously risky actions to avoid a DUI checkpoint.
Common Defenses Against DUI Checkpoint Arrests
A few common defenses which attorneys can use to challenge DUI checkpoint charges include the following.
- The driver followed the shared instructions. However, the checkpoint wasn’t organized, which made the officer believe that the driver was disobeying them.
- The DUI roadblock was not legal (not following the regulations specified above).
- The law enforcement officer committed misconduct (such as asking unreasonable questions or arresting the driver without reasonable cause).
While a police investigation without probable cause is unlawful, the defense attorney cannot argue that DUI roadblocks are illegal as appropriately set up roadblocks align with the Fourth Amendment.
Sealing Criminal Record
It will take seven years before a DUI misdemeanor conviction is sealed. Note that a DUI misdemeanor involves various traffic violations, including driving through a checkpoint without stopping. Moreover, also note that a DUI felony conviction is never sealed.
| DUI Checkpoint Violation Charges in Nevada | Wait Time for Sealing Criminal Record |
| Dismissal | No wait time for sealing the record. Person can petition the court to seal the record any time after the date of dismissal. |
| Decline of Prosecution | Any time after the statute of limitations has run, any time 8 years after the arrest, or a time otherwise stipulated between the parties |
| Acquittal | Any time after date of acquittal |
| Gross Misdemeanor | 2 years after the date of release from actual custody or discharge from parole or probation (whichever occurs later) |
| Category B Felony | 5 years after the case ends (for checkpoint violation only) |
Call Us for Legal Assistance
Whether you’re arrested at a DUI checkpoint in Nevada or are charged for driving through a checkpoint, our criminal defense attorneys in Las Vegas can assist. Our expert attorneys can get your DUI and other charges reduced or dismissed by defending your case.
Call us today for a free consultation on the phone.