Most people take for granted that DUI checkpoints are legal but this is not always the case. They are legal – assuming certain procedures are followed. It is not uncommon for a person to get arrested for a DUI charged and have the charge dismissed after a judge declares the checkpoint unlawful. To find out if your DUI checkpoint case is likely to stand up in court, contact Chambers Law Firm at 714-760-4088.
Requirements for Lawful DUI Checkpoints
In order for a DUI checkpoint to be considered lawful and not in violation of your constitutional rights, there are several requirements that must be met. First, the checkpoint must be publicly advertised in advance of its being used. It must be reasonably located and it must be clear that the DUI checkpoint is an official roadblock as set out by law enforcement.
The timing and duration of the checkpoint should be reasonable. While there is no specific requirement that determines what “reasonable” means, if it lasts two hours then your rights have likely been violated. The police must take adequate safety precautions. The criteria for stopping people must be neutral. For example, they must have a process of pulling over random drivers – they cannot pick and choose who to pull over based on their opinions.
Finally, the DUI checkpoint must be overseen by a supervising officer. This means that the average police officer cannot decide to conduct a DUI checkpoint – their supervisor must be involved. These criteria must all be met and if it is not, then your charges should be dropped. While many of the requirements may be up for debate, Chambers Law Firm can argue on your behalf.
There Are Other Strategies if Your DUI Checkpoint Was Legal
If you were arrested at a DUI checkpoint, and it meets all of the above requirements, this does not mean that you are out of options. It may be that the blood test or breathalyzer you took was not administered correctly. It may be that you were subjected to a field sobriety test that was unreliable.
Even if you were guilty of a DUI and there is a mountain of evidence to prove it, you are still not out of options. Your DUI attorney can work to find the best possible plea bargain. Without an attorney, the prosecutor may offer what seems like a good deal to you. They may swear that it is standard and the best possible deal they can offer. This is once again inaccurate.
The truth is that the prosecutor does not want to take your case to court. It is to their benefit to settle it before it gets to trial and we can use this to your advantage. To learn more about the options available in your specific case, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
