How Can a Sobriety Checkpoint Lead to a DUI Dismissal?

Sobriety checkpoints are a way in which local law enforcement can spot check people who are driving in the region to ensure the driver is not driving under the influence. If you are facing a DUI charge that stems from a sobriety checkpoint in which you were stopped, you may be able to use that checkpoint as your legal defense against the DUI in a court of law. Keep in mind that this is a complex area of the law and therefore you should hire an attorney to help you through the process.

Sobriety Checkpoint Laws

Many states allow local and state law enforcement to set up sobriety checkpoints. The goal of these checkpoints is not always to catch those from driving while intoxicated but to determine people from drunk driving. Nevertheless, many result in the arrest of drunk drivers.

In some situations, you may be able to use what occurred at the checkpoint within your legal defense against your DUI and in some cases this may result in DUI dismissal. That is because law enforcement must use very specific guidelines before they can arrest you for driving under intoxication. These guidelines do vary from state to state, but they often include the following:

• The state determines when and how DUI roadblocks may be set up and how they are run once they are underway.
• A supervising officer must be in charge and make decisions. The officer must make the decision ahead of time over which car will be stopped, such as every third car or every car.
• The location of the checkpoint must be reasonably located usually where there is a large volume of DUI related accidents or arrests in the past.
•  Some states require that these checkpoints be publicly advertise as such using warning signs, flashing lights, marked police cards and the presence of uniformed officers. They cannot, usually be hidden.
• Some states allow drivers who do not wish to be stopped to be given the right to leave. You cannot be legally prevented from leaving.

A sobriety checkpoint can help you to get a DUI dismissal if in fact the police officer violated any of the state's laws on checkpoints.

Work with an Attorney

Work with an attorney to determine if the police officers followed your state's laws and requirements regarding sobriety checkpoints. If not, this may be the way the attorney helps you to get your DUI case dismissed in a court of law.