Is a DUI Roadblock Legal?

DUI roadblocks or checkpoints have been found to be legal by the United States Supreme Court. The Supreme Court declared that these stop and checks are legal and are not in violation of a citizen's Fourth Amendment rights as long as they are carried out in a particular way. Some states do not allow these roadblocks based on their own laws and reasoning. However, those states that do so are within the law of the country as long as they follow the minimally intrusive standard guidelines for conducting such stops.

DUI Checkpoint Procedures

Some of the general requirements for making a DUI checkpoint within mandated guidelines include:

• Checkpoints must be part of a program intended to deter drunk driving.
• Checkpoints should be supported by the judicial system. 
• Procedures for how to operate a checkpoint must be established in advance.
• A checkpoint must be in the interest of public safety.
• Sufficient warning must be provided to area drivers (usually done via newspaper).
• Police presence should be easily detected as a citizen approaches a checkpoint.
• Investigations at checkpoints must take place without impeding the flow of traffic.
• Residents should be given notified in advance of checkpoints so that they can avoid them if they so choose.

There is a reduced expectation of privacy within automobiles according to the Supreme Court. This is part of the justification behind Checkpoint laws. Another approach is that public safety concerns outweigh any expectation of privacy concerns raised.

Getting Legal Help

If you were arrested at a DUI roadblock, it is a good idea to talk to an experienced criminal defense attorney as soon as possible. An attorney can help you assess the legality of your stop and search as well as your arrest. If there are other defenses to any crimes with which you have been charged, an attorney will help you with them.