Some people get arrested for alleged driving under the influence (DUI) violations at the scene of a crash. The officer who responds to put together the crash report quickly determines that one of the motorists involved in the wreck was likely under the influence.
Other times, a police officer may pull a driver over for questionable conduct in traffic. They may then begin to suspect chemical impairment. They can perform tests to determine if the driver is under the influence and may arrest them if they fail those tests.
Case-by-case enforcement of impaired driving law isn’t particularly effective. Some police departments want to increase the pressure on drunk drivers by screening a large number of motorists in a short amount of time. They plan to erect DUI checkpoints, also known as sobriety roadblocks. People arrested at checkpoints may have questions about their legitimacy.
Is it legal for police officers to conduct DUI checkpoints, or do they represent a violation of a motorist’s basic civil rights?
The Supreme Court has ruled on a checkpoint case
The assertion that a checkpoint could be a violation of an individual’s basic constitutional rights is nothing new. Drivers have previously attempted to appeal DUI convictions because of checkpoint arrests. The claim made in such cases is often that stopping every vehicle indiscriminately constitutes an unreasonable search.
However, the Supreme Court of the United States has heard a criminal appeal on this very issue. It eventually ruled in favor of sobriety checkpoints. Provided that police officers conducting checkpoints limit how long they detain individual drivers for screening and file the appropriate paperwork, roadblocks are a lawful tool to use for DUI enforcement purposes.
Drivers who encounter DUI checkpoints in Pennsylvania have options. They can turn around or change their route to avoid the checkpoint. They can minimize their interaction with police officers to avoid incriminating themselves. They can also fight back against DUI charges that may follow a checkpoint encounter.
Defending against DUI charges that begin at a checkpoint requires an analysis of the state’s evidence. With the right strategy and legal support, drivers may be able to exonerate themselves. Reviewing a situation that led to a DUI arrest with a skilled legal team can help a motorist determine what defense strategies might work given their circumstances.
