When a person is arrested at a DUI checkpoint, the first thing their DUI attorney should do is question the legality of the DUI checkpoint. Yes, these are legal – but specific rules must be followed. If they are not, then anyone who is arrested might have had their constitutional rights violated. Keep reading to find out more about the lawfulness of DUI checkpoints, and contact Chambers Law Firm at 714-760-4088 if you require legal services.
The Requirements for a Legal DUI Checkpoint
In order for a DUI checkpoint to be legal, it must have been publicly advertised, reasonably located, clear that the checkpoint is an official roadblock by law enforcement, should be overseen by a supervising officer, the timing and duration must be reasonable, the detention of drivers should be minimal, adequate safety precautions must be made, and the criteria for stopping drivers must be neutral. If any of these requirements are not met, then the checkpoint was not legal.
What to Do if You Were Arrested at an Illegal DUI Checkpoint
It is simple: contact an attorney. We will review the checkpoint, gather evidence, and provide a challenge to the charges you are facing. If we are successful, then the charges against you should be dropped. If we are not successful, there are still other options available to you.
Tests Used to Check for DUIs Are Often Flawed
Even if we cannot get the charges dropped due to an unlawful DUI checkpoint, there are many other defense options that might apply to your case. For example, if you failed a field sobriety test, we can use the results of these highly inconsistent tests to show that you were not under the influence at all.
If you took a breathalyzer test, we could show that the equipment was not maintained correctly, the test was not administered correctly, or perhaps you are on a medication that increases the methyl on your breath. Even if you failed a blood test, we might be able to show that the test was not administered correctly, and therefore the results are invalid.
Call to Consult with a Defense Attorney
If you are facing DUI charges, the most important thing to know is that you do not have to simply plead guilty. There are options. An attorney can help. At the very least, contact Chambers Law Firm at 714-760-4088 to request a consultation and get the basic options for your case.
