I was charged with a DUI after being stopped at a checkpoint. How can I contest it?

DUI checkpoints are controversial in many states, and for that reason, most police efforts to conduct a DUI checkpoint have strict guidelines that must be followed. If those guidelines were not followed when you were stopped and finally arrested, you may have grounds to have the evidence obtained in that checkpoint thrown out.

The guidelines for DUI checkpoints vary by state, but they often include the following requirements:

• Official supervisory planning and oversight

• A mathematical formula to select and stop cars (every car, or every 3rd car must be stopped rather than whichever car is convenient or looks suspicious)

• Safety must be a primary consideration, ensuring that drivers clearly understand it is a DUI checkpoint and that they are required to stop when signaled to do so

• Drivers showing no signs of intoxication must be allowed back into traffic quickly, while those suspected of DUI must be directed quickly to a safe spot for further testing

• Advance notice of a DUI checkpoint must be given to the public, although the exact date and time are not required

The laws governing DUI checkpoints can vary widely by jurisdiction. You should contact a local DUI attorney to learn the laws where you are and determine if all of those laws were observed when you were stopped. If not, you may have a valid defense to take to court.