Watch Out for DUI Checkpoints
The number of fatal alcohol-related wrecks spikes over Labor Day Weekend. Largely for that reason, peace officers are usually out in force during this three-day weekend. Their show of force often includes DUI checkpoints. If they had their way, police officers would operate checkpoints every day of the year. But roadblocks are so costly that officers must use them sparingly. Additionally, random DUI checkpoints aren’t random. They must adhere to a strict set of rules. More on that below.
If a DUI checkpoint fails to meet legal requirements in any area, no matter how technical the shortcoming may be, a Leesburg DUI lawyer can invalidate the stop and therefore the arrest. Additionally, private citizens still have important rights at DUI roadblocks, a fact that many police officers overlook. DUI checkpoint cases often appear rock solid at first, but once they go to court, a lawyer exposes the flaws, and the case collapses like a house of cards.
Checkpoint Requirements
After years of vacillating on the subject, the Supreme Court legalized DUI roadblocks in 1991, as long as the checkpoint meets certain requirements, such as:
- Supervisor Creation: A supervisor can delegate checkpoint operational details to subordinates, but only a supervisor can authorize a checkpoint. In this context, a supervisor is usually a county sheriff or another person directly accountable to voters.
- Proper Publicity: The sponsoring agency must publicize the checkpoint in advance, so motorists have a chance to avoid the area if they want. Furthermore, they must have enough room in front of the checkpoint to turn around if they so choose. The checkpoint itself must be well-lit and clearly advertise its purpose. A DUI roadblock is not a speed trap.
- Neutral Formula: This requirement is probably the big one. Checkpoint officers cannot detain motorists who don’t “look right” and wave others through. They must detain motorists according to a preset formula, such as pulling over every third vehicle.
Checkpoint officers have limited flexibility. For example, if traffic backs up, they may temporarily switch to another neutral formula, such as obtaining every fifth vehicle. In most cases, however, they cannot alter hours of operation, place of operation, or any other such details.
Your Rights at a Checkpoint
Police officers can ignore some Fourth Amendment rights at checkpoints and detain motorists without reasonable suspicion (an evidence-based hunch of criminal activity). However, they must respect other Fourth Amendment rights, as well as Fifth Amendment rights.
Officers cannot conduct DUI investigations, which usually includes putting motorists through field sobriety tests, unless they have probable cause to believe the motorist is intoxicated. Officers usually rely on physical symptoms, such as an odor of alcohol, and voluntary statements, like “I only had one beer,” to make this determination.
If motorists assert their Fifth Amendment rights at checkpoints, these determinations are nearly impossible to make. Motorists must obey basic commands, like stopping when told and showing their papers, like a drivers’ license and proof of insurance.
However, drivers don’t have to answer questions and, in fact, don’t even have to roll down their windows. Drivers must make it clear they’re asserting their Fifth Amendment rights when they do these things.
Connect With a Thorough Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
Source:
trafficsafetymarketing.gov/safety-topics/drunk-driving/drive-sober-or-get-pulled-over/august-labor-day
