Seven Key DUI Checkpoint Requirements

After considerable back and forth, the Supreme Court finally legalized DUI checkpoints in 1991’s Michigan vs. Sitz. Roadblocks that meet all legal requirements, including the ones listed below, allow officers to circumvent the Fourth Amendment and detain motorists who have done nothing wrong. Expensive DUI checkpoints are especially common on New Years Eve and other common drinking and driving holidays. Usually, a government grant pays officer overtime and other checkpoint expenses.

If a DUI checkpoint falls short of any legal requirement, no matter how slightly, a Leesburg criminal defense attorney can throw the detention out of court. If that happens, any subsequent event, such as a DUI arrest, is fruit from a poisonous tree and therefore inadmissible in court. We all want to see the number of drunk driving accidents decrease. But we all want to go about it the legal way and the fair way.

Public Awareness and Advance Notification

This requirement increases the effectiveness of DUI roadblocks as it provides an additional deterrent. This requirement also gives motorists the chance to avoid the area altogether. Most departments post information on social media. Alternatively, a “DUI Checkpoint Ahead” sign usually suffices.

On a related note, the checkpoint itself must allow drivers to turn around before they get stuck in line. Motorists who make U-turns are still subject to detention. But officers must have probable cause, such as a traffic violation, to do so.

Supervisor Authorization

Supervisory-level officers, not field officers, must determine when, where, and for how long to set up a checkpoint. This structure helps ensure the operation is planned and not arbitrary or discriminatory.

Neutral and Pre-Determined Stop Criteria

This requirement may be the most important one. Random checkpoints cannot be random. Time, place, and duration must be set in advance, as mentioned above. Furthermore, officers cannot randomly choose which vehicles to stop. The selection process must be neutral and consistent, such as stopping every third car or every vehicle. This selectivity reduces the chance of profiling or bias.

On a related note, DUI checkpoints must be in high DUI areas. Officers can serve outstanding warrants and enforce other laws at roadblocks. But if non-DUI law enforcement contacts exceed DUI-related contacts, a Leesburg criminal defense lawyer can successfully challenge the roadblock’s legality.

Safety Considerations

The location and setup of the checkpoint must ensure the safety of drivers and officers. Adequate lighting, warning signs, and visible police presence are essential. Proper placement avoids creating unnecessary traffic hazards or confusion.

Minimal Intrusion and Delay

This requirement is important because checkpoints allow officers to circumvent the Fourth Amendment, but not the Fifth Amendment. Drivers still have the right to remain silent, which in this case is the right to go about their business free from police harassment.

Stops at a DUI checkpoint should be brief and limited to what is necessary to determine if the driver is impaired. Prolonged questioning without reasonable suspicion is generally not allowed. If no signs of impairment are present, the driver must be allowed to proceed promptly.

Signs and Uniformed Officers

DUI checkpoints must be clearly marked with signs indicating a sobriety checkpoint ahead. Officers should be in uniform and easily identifiable to ensure the legitimacy and transparency of the operation.

Documentation and Record-Keeping

Law enforcement agencies should maintain detailed records of the checkpoint, including time, location, number of vehicles stopped, arrests made, and the criteria used. This documentation can be important if the legality of the checkpoint is challenged in court. Without such evidence, the checkpoint was presumptively illegal, because of the presumption of innocence.

Connect With a Savvy 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:

supreme.justia.com/cases/federal/us/496/444/