DUI Checkpoints in Lakewood: What Are Your Rights?

DUI checkpoints are illegal in Lakewood and everywhere else in Washington State. In City of Seattle v. Mesiani (1988), the Washington Supreme Court ruled that random sobriety checkpoints violate Article I, Section 7 of the Washington Constitution, which protects your private affairs from government intrusion without authority of law.

That means police in Pierce County cannot stop your vehicle at a roadblock simply to check whether you have been drinking. If you were stopped at anything resembling a checkpoint, the stop itself may be unlawful, and evidence gathered from it could be challenged.

Getting pulled over is unsettling even when you know you did nothing wrong, and the uncertainty afterward, wondering whether the stop was even legal, only adds to that. That’s why having a clear sense of your rights beforehand can make a real difference if you ever find yourself in that situation.

If Checkpoints Are Illegal, Why Do DUI Stops Still Happen?

While checkpoints are off the table, Lakewood police and the Washington State Patrol rely heavily on DUI emphasis patrols. These are periods of increased enforcement, often around holidays, when officers actively watch for signs of impaired driving. Unlike a checkpoint, an emphasis patrol still requires an officer to have a specific, lawful reason to pull you over.

Common reasons officers cite for a stop include:

• Drifting between lanes or crossing the center line
• Speeding or driving well below the speed limit
• Running a red light or stop sign
• Equipment problems such as a broken taillight
• Delayed reactions at intersections

If the officer cannot point to a valid reason for the stop, your Lakewood DUI defense attorney can seek to have everything that followed suppressed in court.

Your Rights During Any Traffic Stop in Washington

Once you are pulled over, what you say and do matters. You have rights, and using them calmly can protect you later:

• You must provide your license, registration, and proof of insurance
• You have the right to remain silent beyond identifying yourself
• You may refuse voluntary field sobriety tests without a criminal penalty
• You may refuse the roadside portable breath test before arrest
• You have the right to speak with a defense attorney before deciding on the official breath test at the station

Declining the voluntary roadside tests is not an admission of guilt, and it cannot be used to file additional criminal charges against you. Stay calm and polite either way.

The post-arrest breath or blood tests are different. Under Washington’s implied consent law, Revised Code of Washington (RCW) 46.20.308, refusing the evidential tests after a lawful arrest triggers a license revocation of at least one year and can be used against you in court.

What Counts as DUI in Washington?

Under RCW 46.61.502, you can be charged with DUI if your blood alcohol concentration is 0.08 or higher, if your THC level is 5.00 nanograms or higher, or if you are affected by alcohol or drugs to an appreciable degree, even if your BAC or THC level is below the legal limit.

According to Washington’s statewide crime data, impaired driving remains one of the most frequently charged offenses in Washington, and even a first-time DUI can have serious penalties. 

Talk to a Defense Team That Knows Pierce County

Our firm has successfully handled thousands of cases, with over 2,000 matters resolved for people across Pierce County. We were born and raised in Tacoma, so we know the local courts, prosecutors, and police practices.

You get the personal touch of an attorney, not a case manager, along with creative trial strategies built for your specific stop. Our results have earned Super Lawyers recognition and more than 100 5-star reviews. Consultations are free. Call Tim Rusk Attorneys at 253-904-2472 or contact us online today.