DWI Checkpoints
Many individuals assume that they’re free of police interference unless they’ve done something very wrong and are observed breaking the law. After all, we have the constitutional protection protecting them from unreasonable searches and seizures. This protection falls upon deaf ears in regards to DWI or sobriety checkpoints. A sobriety check point is a mandatory stop off motorists along a designated part of the highway in that your officer’s will look for your basic driving information and inspection of documents and will ask you whether you’ve been drinking. Depending upon your answer or the officer’s observation of one’s speech and/or any open containers, maybe you are asked to exits the car to do a field sobriety test. Typically, there is a mobile “DWI van” housing an intoxilyzer machine therefore the officers can conduct the breath test at the checkpoint if necessary. This technique is an exception to regular DWI traffic stops that start out with the officer observing you driving improperly and suspect the bad driving is because of being drunk. During a sobriety checkpoint, rarely will an officer observe erratic driving behavior because the motorist enters to the checkpoint. How do an officer detain and investigate you if you should be not seen committing a traffic violation? The Courts have rationalized this police tactic as a way of enforcing basic safety regulations i.e. making sure all motorists are licensed and insured and vehicles properly registered and inspected. It does not matter that the true motive behind the DWI checkpoint would be to seize, question, and investigate as much motorists that you can for drunk driving. What is a DANCO violation
Although The Supreme Court permits sobriety checkpoints, they do not approve the arbitrary use of them and have proscribed some rules that must be observed for the checkpoint to be valid. The more important rules for operating a DWI checkpoint include:
- A specified criterion for determining what vehicles is likely to be stopped. This prevents the arbitrary enforcement of the checkpoint. Unfortunately, stopping everyone motorist entering the checkpoint is permissible;
- Advanced notice to motorists a checkpoint is likely to be conducted and, in the designated checkpoint area, enough warning should be given therefore the motorists have the theoretical option of not entering the checkpoint. Presumably, creating the false notion that motorists are not forced to the checkpoint. Although, it is not uncommon for other officers to look for non-conforming drivers and finding methods for stopping them too;
- The checkpoint was created to detain the motorists for the minimal amount of time necessary. Granted, this can be a vague concept; and
- It’s preferred that the person designing the checkpoint and its procedures is an administrator and not the person running the checkpoint itself. Court’s prefer the task to be written.
An excellent DWI criminal defense attorney will have a way to examine the DWI checkpoint procedures and documentation to ascertain if it was conducted properly. If the sobriety checkpoint was not properly administered, the criminal defense attorney can file a motion to suppress and seek to have the field sobriety tests and breathalyzer tests trashed along with any statements created by the driver.
The police establish DWI checkpoint as a way to ensnare suspected drunk drivers whom they do not observe driving erratically. Fortunately, a DWI/DUI checkpoint arrest does not require becoming a guaranteed conviction. There are a small number of procedural safeguards that must be followed for a checkpoint case to be prosecuted. An excellent criminal defense lawyer will know the requirements and be able to review the paperwork connected with the DWI checkpoint and determine whether the state may make its case. If you’ve been arrested for a DWI at a checkpoint, you will need an experienced trial lawyer. Andre Belanger has handled nearly 200 trials during his career as a trial lawyer. You can learn more about his firm at What is a DANCO violation