Many of the driving under the influence (DUI) charges result from a driver going through an unexpected roadblock after an evening of casual drinking. Although a DUI roadblock checkpoint is a terribly horrible inconvenience in the beginning, it can later turn out to become your best asset while going through the DUI defense process. DUI defense attorneys have proven that roadblock and checkpoint arrests are without comparison in that they are hands-down easily the most scrutinized tests, as they come close to infringing upon your basic Fourth Amendment rights.
If you have been arrested or charged at one of these “DUI roadblocks”, then you owe it to yourself and your future to have your arrest details examined through us online immediately, and explore your options what to do next that can possibly beat a DUI checkpoint arrest based upon your details.
Requiring disclosure of why the roadblock was setup
Even as many states push for more of these checkpoint-roadblocks, they are being required by the courts to show that the roadblock placement itself was reasonable. After reviewing your arrest details, a skilled DUI lawyer can help show how you can force them to disclose and provide information on why the roadblock was set up, which officers worked it or were present, and the conduct of each of the officers on the job. The police officers must comply with these requests, and the information as well as the officers’ records will be put “under the microscope” as provided by the United States Constitution.
The courts have accepted a constructed test by which officers and police departments must adhere. This test has strict guidelines as to when, why, and where they are allowed to place checkpoint-roadblocks. Specifically, the police department must provide a good reason for why each and every roadblock was an effective means of crime prevention, and they must prove that those same checkpoints were constitutionally viable. This is a daunting task and often a difficult argument for an inexperienced county prosecutor to make.
What type of procedures are used at the DUI checkpoint?
Current law mandates that police departments provide adequate lighting, safe conditions and a host of other things to drivers. Police are required to, and must have an accepted and affirmative plan for which cars they are going to stop and for how they are going to perform the routine checks. The big plus about this defense process is that it affords a skilled attorney a lot of leeway in questioning the details and fairness of a roadblock.
Many things have to be done in certain, proscribed manners, and done correctly in order for a DUI checkpoint to be legal. The moment any police department deviates from the accepted and mandated policy, a motion to suppress the evidence will be filed. Such motions can often lead to the exclusion or dismissal of the evidence, which can allow for a motion to dismiss the DUI case itself.
These are the things that after your arrest details have been reviewed may help show you how to do. For this reason, it is often possible to get rid of the roadblock evidence entirely if based upon your details anything was not done correctly by the arresting officers. Identifying any and all police mistakes in time during an arrest review, is one of the best ways how to get a DUI dropped and a case dismissed fast.
What to do and how to avoid a DUI arrest at a checkpoint roadblock
In this video below, a driver goes through an actual DUI checkpoint roadblock and records the event on his phone. It demonstrates perfectly how a driver should behave when they properly use their rights, if ever unexpectedly finding themselves facing this intimidating situation. It should be noted that all parties involved, including both the police officers and driver – were polite and cooperated as true professionals in this scenario.
The main point this video emphasizes, is that you always have the right to remain silent and not have it used against you when utilized in a civil and proper manner. It is also important to remember that any answer to the officers questions will likely only be used against you as potential evidence. Always be polite and cooperative, and provide the necessary identification such as your drivers license and registration when requested by the officer. However as the preceding video accurately demonstrated, you always do have the right not to answer any other questions if you choose. The officers are trained in how to tactically ask these questions in such a way that it implies you must answer, and sometimes their demeanor may not be as calm as these officers.
As this video clearly shows, an informed person can exercise their rights in not to answer, and carry on their way home – if and when used correctly such as in this case.
If you have already been charged with DUI due to a checkpoint roadblock or any other circumstances, please take advantage of utilizing the free online review of your arrest details as soon as possible. Some of your best defenses how to get out of a DUI charge from a checkpoint arrest are time-constrained under the new DUI and DWI laws in every state.