DUI Check Points

In recent years, law enforcement officers across the United States have begun utilizing more aggressive tactics to identify and apprehend drunk drivers. One of the most common measures is enacting DUI checkpoints near busy roads and intersections. Although such safety checks are designed to deter and protect motorists from driving under the influence of alcohol, the truth is that many drivers are falsely arrested during these checkpoints. Fortunately, there are several things you can do to protect yourself if you are ever stopped during a DUI roadblock.

To prevent individuals from false arrest, the U.S. Constitution sets some pretty clear boundaries for legal officials. Detailed in the Fourth Amendment, these guidelines protect citizens from “unreasonable searches and seizures,” requiring officers to have valid legal grounds for searching and/or seizing a person’s property.

Under this constitutional stipulation, a legal authority must have probable cause to suspect a person has committed a crime before a search can be performed. In addition, the officer must seek approval from the court and, if the request is granted, a search warrant must be issued before he or she can legally conduct a search.

Of course, like most rules, there are a few exceptions to this one as well—if the person consents to a search, for example, or the officer does not have time to obtain a warrant, the requirements may not be enforced. What’s more, according to the U.S. Supreme Court, DUI checkpoints are also such an exception. Nevertheless, there are certain precautions that can be taken to avoid being arrested during a DUI checkpoint.

First and foremost, know that if you are ever stopped in a roadblock, you are not legally required to answer any questions other than those pertaining to your identification (such as your name, address, etc.). If the officer asks you where you’ve been or if you’ve had anything to drink, for example, you should exercise your legal right to remain silent. In fact, it is best to decline to answer any other questions that do not relate to your identity, as anything you say can be used against you in court if you are arrested.

Because most states do not require drivers to perform field sobriety tests, you should also decline to perform any such activities (such as balancing on one foot or walking an invisible line) if you are asked to do so—and if they are required in your state, the officer is legally obligated to tell you.

Finally, be aware that officers are required to follow certain guidelines before enacting a DUI checkpoint. Therefore, if you are arrested during a roadblock and the proper procedure was not followed, the charges against you may be unjustified.

To learn more about checkpoints and how they apply to your state laws, contact an experienced DUI defense attorney in your area immediately after your arrest. In many cases, a skilled legal representative may be able to prove your arrest was unconstitutional and get your case dismissed in court. Fill in a free online case form for legal assistance now.

States and Cities:
AK	Alaska, Anchorage	LA	Louisiana, New Orleans	OH	Ohio, Cincinnati
AL	Alabama, Montgomery	MA	Massachusetts, Boston	OK	Oklahoma, Tulsa
AR	Arkansas, Little Rock	MD	Maryland, Baltimore	OR	Oregon, Portland
AZ	Arizona, Phoenix	ME	Maine, Portland	PA	Pennsylvania, Philadelphia
CA	California, Los Angeles	MI	Michigan, Detroit	RI	Rhode Island, Providence
CO	Colorado, Denver	MN	Minnesota, Duluth	SC	South Carolina, Charleston
CT	Connecticut, Hartford	MO	Missouri, Branson	SD	South Dakota, Sioux Falls
DE	Delaware, Wilmington	MS	Mississippi, Jackson	TN	Tennessee, Nashville
FL	Florida, Orlando	MT	Montana, Bozeman	TX	Texas, Houston
GA	Georgia, Atlanta	NC	North Carolina, Charoltte	UT	Utah, Salt Lake City
HI	Hawaii, Honolulu	ND	North Dakota, Fargo	VT	Vermont, Burlington
IA	Iowa, Des Moines	NE	Nebraska, Omaha	VA	Virginia, Richmond
ID	Idaho, Boise	NH	New Hampshire, Portsmouth	WA	Washington, Seattle
IL	Illinois, Chicago	NJ	New Jersey, Newark	WI	Wisconsin, Milwaukee
IN	Indiana, Indianapolis	NM	New Mexico, Albuquerque	WV	West Virginia, Charleston
KS	Kansas, Kansas City	NV	Nevada, Las Vegas	WY	Wyoming, Cheyenne
KY	Kentucky, Lexington	NY	New York, New York	DC	Washington DC