- You are required to stop at any DUI checkpoint in Tennessee
- Drivers are allowed to turn around before you get to the checkpoint, as long as you’re obeying local traffic laws
- You are only required to provide your driver’s license, registration, and proof of insurance – you are not required to answer any questions
No one wants to deal with the inconvenience of a DUI checkpoint, particularly if you’re in a hurry or have had a drink or two. However, these roadblocks are legal in Nashville, and they’re particularly common around major holidays and public events.
But no matter what police officers might try to tell you, you still have rights. It’s important to understand the steps you need to take to protect yourself during any traffic stop.
Where Are DUI Checkpoints Located in Nashville?
Officials don’t provide advance notice of where checkpoints will be set up.
DUI checkpoints are often set up along busy roads, high-traffic or high-risk areas, and near bars and restaurants, particularly on weekends and holidays, when alcohol consumption is expected to be higher. Frequent checkpoint areas include:
- Downtown Nashville
- Broadway near the honky-tonks
- Interstate exits and major roadways
- Event venues and stadiums
- Weekend nightlife areas
Expect to see checkpoints around major holidays and local events, such as New Year’s Eve, Christmas, July 4th, Memorial Day, Labor Day, Halloween, and on days of high-attendance events where alcohol is served, including CMA Fest or Titans games.
Though there isn’t a list of specific checkpoint locations, police are required to post notices alerting drivers that a checkpoint is ahead, so be on the lookout. You can also:
- Follow local police departments on social media
- The Tennessee Department of Safety and Homeland Security publishes lists of past checkpoints. You can use this to guess where you’re more likely to encounter a stop
- See if your community has a NextDoor page or other resource where checkpoint locations are posted when someone sees one
- Your community may have an alert system set up to notify residents about roadblocks
Do I Have to Stop for a DUI Checkpoint in Nashville?
First, you can turn around if you spot a checkpoint ahead and don’t want to stop, but you must be able to do so without violating any traffic laws. If you can’t turn around, you’re required to stop; however, you don’t have to answer any questions. You’re only obligated to show your driver’s license, registration, and proof of insurance.
Police officers aren’t your friends. They’re trained to get you to give up key details by asking casual questions, so we always recommend remaining as quiet as possible. Stick to yes and no answers whenever possible.
However, if you have to reach for documentation during the stop, we also recommend informing the police officer before you reach.
Avoid offering information about where you’re coming from, and refrain from engaging in polite chit-chat, no matter how harmless the conversation might seem.
Do whatever you can to protect yourself, particularly if you recently drank any alcohol at all, took some prescription medication, or used drugs before you stopped.
What are Your Rights at a DUI Checkpoint in Nashville?
As we previously mentioned, whenever you’re stopped at a DUI checkpoint in Nashville, the only requirements are that you must stop and present your driver’s license, registration, and proof of insurance. These rights apply even during so-called “No Refusal Weekends.”
- You have the right to remain silent: Don’t answer any questions about drinking
- Drivers can legally refuse to complete field tests
- Drivers can refuse a breathalyzer (but it may result in a license suspension)
- You don’t have to let police search your car unless they have probable cause
- Drivers are allowed to turn around to avoid a checkpoint, but you must be able to turn around legally
No Refusal Weekends in Nashville
The Tennessee Highway Patrol (THP) will sometimes conduct so-called “No Refusal” traffic safety enforcement campaigns during holiday weekends. On these weekends, troopers will be particularly vigilant about enforcing DUI laws.
This means they will perform checks at bars and taverns and will conduct seat belt, sobriety, and driver’s license checkpoints. The term “No Refusal” leads many people to believe they’re required to comply, but that’s technically not true.
Despite what the Tennessee Highway Patrol might try to tell you, the state’s Implied Consent Law, which allows drivers to refuse a blood, breath, or urine test (T.C.A. § 55-10-406), is not suspended just because there’s a holiday or special event.
In other words, your rights don’t change. You can still refuse to provide a blood or breath sample for chemical analysis (though again, your driver’s license could be suspended). Additionally, special arrangements will be in place to make it faster and easier for police officers to obtain a warrant forcing you to provide a sample. Once police have obtained a warrant, we recommend that clients comply. Otherwise, that sample may be taken by force and the experience will not be pleasant.
If you’ve already provided a blood or breath sample during your DUI arrest, you still have options. Contact us as soon as possible. We will examine whether the sample was obtained in a way that might have violated your constitutional rights, which would make it inadmissible in court.
READ MORE: Tennessee’s new BAC law
Have You Been Charged with DUI in Nashville?
There’s no time to waste. You need to contact an experienced DUI lawyer as soon as possible after your arrest. Even a first offense could lead to:
- Revocation of your driver’s license
- Expensive fines and fees
- Jail time
- Mandatory attendance at DUI school
- Required installation of an ignition interlock device
An experienced Nashville DUI defense attorney will review the specifics of your case, question the legality of your traffic stop, and minimize the long-term impact on your criminal record and life.
