SOBRIETY CHECKPOINTS IN LUZERNE COUNTY
Are DUI checkpoints constitutional?
The use of traffic checkpoints to catch drunk drivers and to reduce the incidence of driving under the influence has been a subject of controversy in recent years. The Bill of Rights, specifically the Fourth Amendment, protects citizens in our country against unreasonable search and seizure by imposing a requirement of probable cause or a search warrant before a police officer can conduct a search or make an arrest.
Given the fact that DUI checkpoints subject everyone in the designated area to investigation, it would seem to constitute a violation of this right. The matter has been taken to the Supreme Court, which has ruled that sobriety checkpoints are lawful provided that they follow the specific guidelines set forth for them.
The police officers or highway patrolmen who conduct DUI checkpoints cannot simply use their own judgment to choose which drivers to investigate and which to let pass. Rather, they must follow a procedure that requires all drivers to adhere to the same sequence of investigation techniques. There are other requirements as well, including posting visible signs and warning lights and even issuing public notice of the planned checkpoint in advance. Now is the time to contact our Luzerne County DUI attorneys as soon as possible.
Challenging DUI Arrests Made at a Sobriety Checkpoint
Contact Mack & Stephens as early as possible after you have been arrested at a sobriety checkpoint. We have earned a reputation for fighting aggressively to defend our clients, and we are ready to take action on your behalf immediately. If there is evidence that the police did not follow the strict requirements for a lawful checkpoint, it might be possible to have the evidence which was gathered during the investigation suppressed on the grounds that your rights were violated.
Even if this is not the case, other defense strategies might apply, including questioning the validity of the field sobriety tests that you were asked to perform or the reliability of any chemical tests that were used. Take the first step now by calling or visiting our firm today.