Sobriety Checkpoints

Maybe you’ve seen them set up on a late weekend night. Flashing lights everywhere. Cars backed up for long distances. What you saw was most likely a sobriety checkpoint. This is a tool utilized by law enforcement to detect impaired drivers. Perhaps you’ve even been through one and found yourself arrested. Not an enjoyable experience – and not one to take lightly.

The process begins when you pull into the check point. An officer will check your inspection, plates, registration, license, and insurance. Anything that is expired may result in a citation. The officer will often question where you are going and if you’ve had anything to drink. If they suspect you’ve been drinking (perhaps from the driver’s breath or their own admittance) they will ask you to exit the vehicle and perform Field Sobriety Tests (FST). They may request you complete a few before making a determination. If the subject appears intoxicated they will ask them to submit a chemical test from blood, urine, or breathe into a breath testing device.

How is this Constitutional?

Sobriety checkpoints have been surrounded by a cloud of controversy since first used. The 4th amendment protects individuals from being searched without probable cause. As a result there have been many cases involving the legality of sobriety checkpoints, going as high as the Supreme Court. Many even come to the conclusion that it is unconstitutional but are willing to overlook that in order to curb drunk driving. However, many states disagree and have outlawed the practice. The effectiveness of checkpoints is also debatable. Regardless of the controversy, it has been upheld in court and is the law in the majority of states.

I’ve been charged with intoxicated driving. What now?

You need to act quickly. DUI law is complex and ever-changing, making it a near impossible endeavor for someone who is not specifically a DUI lawyer. A DUI attorney with years of experience defending cases just like yours knows the law like the back of their hand. There are many ways to defend your charge, and even beat it! Explain your case to a DUI lawyer immediately and get the constitutional defense you deserve!