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Can I be arrested at a sobriety checkpoint if I'm sober?

At the law office of McGoughLaw P.C., L.L.O., we want everyone in Nebraska to have a safe, enjoyable holiday season. For many residents, the holidays mean celebrations involving alcohol. Whether you plan to drink or abstain, you may take precautions to drive legally and get home safely. However, this does not necessarily mean you won't unexpectedly face a DUI charge, even when you are sober.

Sobriety checkpoints are often conducted during the holiday season when many people drink and drive, as FindLaw explains. These checkpoints are used by law enforcement to catch drunk drivers before someone is hurt. Rather than pull over a driver who is exhibiting signs of impairment, drivers are stopped at random at these checkpoints. You may be asked to perform a field sobriety test if you are one of the "lucky" ones to be detained at a checkpoint. If you are nervous, have a speech impediment or suffer from a medical condition that inhibits your balance or mobility, an officer may mistake you for being intoxicated, even if you had nothing to drink. Despite sobriety checkpoints being legal in Nebraska and many other states, numerous people believe they are unfair and violate residents' privacy, as well as result in faulty arrests for some sober drivers.

If you are arrested or refuse to submit to a chemical test, you may automatically have your license suspended, regardless of being sober. As our page explains, you may need to seek experienced counsel if you are facing drunk driving charges or the loss of your license.

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