Can a DUI Checkpoint be Used as Defense to a Charge?

DUI checkpoints are a source of aggravation for many drivers, not just drivers who have been drinking, but also those who feel inconvenienced by them. DUI checkpoints are legal in most states. Fortunately there are times when a DUI checkpoint can be used as a defense to a charge, see below.

DUI Checkpoints

A DUI checkpoint or sobriety roadblock, which they are also called, is a random checkpoint set up on public roads to check for drivers under the influence of alcohol. There is a roadblock set up by law enforcement officials where drivers must go thru and every nth (certain number predetermined prior to the road block) car is stopped, sometimes every vehicle is stopped, to determine if the driver is impaired. If there is no suspicion they will be allowed to move thru. If there is suspicion the police may do sobriety testing on the scene and arrest the suspect if they are over the legal limit. DUI checkpoints are usually set up at night or on weekends to catch those driving under the influence.

DUI Checkpoint as a Defense

As stated above, DUI checkpoints are a source of aggravation. There have been laws put into place to ensure they are in accordance with the Fourth Amendment and do not violate rights. These are:

• A neutral formula must be used to select vehicles to be stopped.
• Primary consideration must be given to public and officer safety.
• The site should be selected by officials, based on areas having a high incidence of drunk driving.
• Limitations on when and how long the checkpoint is to be conducted (effectiveness and intrusiveness)
• Warning lights and signs must be visible.
• Length of detention must not be obtrusive
• Advance public notice is necessary to reduce the intrusiveness of the checkpoint
• An individual can choose not to go thru a DUI checkpoint and can turn around prior to reaching it without consequence unless they have broken the law or appear intoxicated.

If a checkpoint has not been set up according to these guidelines it is in violation of the Fourth Amendment. For instance, if you were stopped out of order, there was some sort of unfair treatment involved, etc. The Fourth Amendment rights must not be violated in any way. Often a defense attorney is able to find ways they were violated and the breathalyzer or confession are suppressed.

Getting Legal Help

If you have been charged with a DUI because of a DUI checkpoint it is important to contact a qualified defense attorney in your area. A defense attorney will be able to review your case and provide you with the best defense possible.