KRS 189A.240: Sobriety Checkpoints in Kentucky

What Is KRS 189A.240?

KRS 189A.240 authorizes sobriety checkpoints in Kentucky. The U.S. Supreme Court has upheld checkpoints, but they must follow strict procedures. People in Lexington and Louisville arrested for DUI at checkpoints should understand whether the checkpoint was lawful.

Requirements for Lawful Checkpoints

Sobriety checkpoints must:

Be authorized by supervisory officers (not officers in the field)
Follow neutral selection criteria for stopping vehicles
Be brief and minimally intrusive
Be properly publicized in advance (in some jurisdictions)
Have safety considerations addressed

What Officers Can Do at Checkpoints

Stop vehicles based on neutral criteria
Briefly question drivers
Look for signs of impairment
Check for valid licenses and registration

Your Rights at Checkpoints

You don’t have to answer incriminating questions
You don’t have to consent to searches
You should provide license, registration, insurance
You can refuse roadside breath tests (but face consequences)

Defenses to Checkpoint DUI Arrests

Checkpoint wasn’t authorized properly
Officers didn’t follow neutral criteria
Detention exceeded reasonable bounds
Standard DUI defenses

Clark + Harris Challenges Checkpoint Stops

Defense attorneys regularly challenge checkpoint procedures. Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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