Q: Do you have any right to decline to cooperate at a sobriety checkpoint?
A:
Yes, but you're probably not going to wins friends with the cops by doing so. If your vehicle is stopped during a DUI checkpoint, you must open your window to speak with an officer and be advised of the nature of the stop. The officer may ask if you’ve been drinking. If you answer yes, or if the officer detects the odor of alcohol, then you may be asked to proceed to the second phase of the checkpoint -- which is roadside field sobriety tests.
If an officer requests that you take a field sobriety test or a preliminary breath test (PBT) at the checkpoint, Pennsylvania law gives you the option to refuse. If the police ask you any questions beyond a request for your name, license, registration, or proof of insurance, then it is within your legal rights to politely decline to answer. It can be easy to inadvertently incriminate yourself by simply answering questions, so why do so? Remain polite and courteous to the police officers during this exchange.
If you are arrested and taken into police custody, however, you do not have the same right to refuse chemical testing (blood or breath) once you’re back at the police station. If you do, your driver's license will be suspended for 12-18 months, and evidence of your refusal will be used against you at your criminal DUI trial.
Ryan L Hyde agrees with this answer
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