Law enforcement agents will frequently set up drunk driving checkpoints along highways and other roads as a way to try and catch intoxicated drivers. In most cases, these checkpoints are set up as part of a “no-refusal” weekend, where drivers do not have the option to refuse being tested for intoxication. Typically, officers at a checkpoint will question a driver about their night and if necessary, ask the driver to submit to a breathalyzer test or in some cases, a blood test, to try and determine if he or she is under the influence of alcohol.
In order to adhere to Constitutional guidelines, these checkpoints have to follow a number of rules and guidelines when it comes to talking to drivers, submitting tests, and arresting individuals if they are believed to be above the legal limit. If you have been arrested at a DUI checkpoint, you may be able to lessen your sentence or have your case dismissed if you can prove the officer acted outside of the law.
Rules for Sobriety Checkpoints
Many people have raised concerns over the legality of these checkpoints; however, the courts have upheld the legality of these checkpoints as a necessary and legitimate screening process time and time again. Fortunately, you may have a case if the officer violated any of the basic regulations governing these checkpoints such as:
- Warning signs must be posted and visible
- The checkpoint is at a reasonable location
- Supervisors make final decisions
- The public has to be warned of the checkpoint before it is put in place
If a law enforcement officer or agency does not meet the above requirements, they may violate an individual’s rights to protection against unlawful search and seizure. With the help of a skilled legal professional, an individual may be able to have the charges against them reduced in severity, or in some instances, eliminated altogether. To learn more, get in touch with a DUI lawyer today to talk about your legal options and rights or click here.
