As any experienced DUI lawyer can attest, the rules governing DUI checkpoints are tricky and they’re different in each state. If you’ve been arrested at a DUI checkpoint, be sure to contact a DUI lawyer to make certain that the police were following the rules.
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A DUI lawyer understands the complex rules to which law enforcement must adhere to create a valid checkpoint. To be valid, a checkpoint must be established by an official who is empowered to make policies. Moreover, this official must have good reason for establishing the checkpoint when and where they did. Failure by law enforcement to adhere to these principles can help a DUI lawyer to get any charges that may be filed against you reduced or dismissed.
Police officers stationed at a checkpoint must take a neutral stance. That is, they cannot randomly select certain vehicles and test only those drivers to determine whether or not they are driving under the influence. The officers must check each vehicle stopped by the same standards. If you feel that you were unreasonably singled out at a checkpoint, a DUI lawyer may be able to assist you with your case.
Sobriety Checkpoint Advice From A DUI Lawyer
It’s also required for law enforcement to clearly identify the DUI checkpoint. Failure to identify themselves and their purpose for stopping vehicles can mean that they are not operating within the limits of the law. Similarly, officers are tasked with only delaying motorists for as long as is necessary. They cannot unreasonably detain drivers, thereby violating their Constitutional rights. A DUI lawyer may be able to help you to determine if this was the case.
Most states also stipulate that a DUI checkpoint must be publicly advertised in advance. The theory is that advertisement grants citizens with the option of avoiding the checkpoint entirely. If they choose to pass through the area where the checkpoint is established, they are implicitly agreeing to being stopped. A DUI lawyer can help you to determine if the sobriety checkpoint was properly advertised in advance.
Anyone who has been arrested at a checkpoint deserves the advice of a DUI lawyer to ensure that their rights have not been violated.