3 defense options for those arrested at a DUI checkpoint

On Behalf of | Oct 24, 2024 | DUI Checkpoints

Police departments engage in regular traffic patrols to enforce the law and maintain public safety. Officers monitoring the behavior of drivers can conduct one-on-one traffic stops when they notice illegal activity.

Occasionally, police departments want to engage in mass enforcement efforts. Those efforts may include driving under the influence (DUI) checkpoints or sobriety roadblocks. Hundreds of drivers may pass through a checkpoint established by local law enforcement. Dozens of those drivers may be subject to enhanced screening or prosecution. Those arrested at DUI roadblocks often despair of defending against those charges, but there may be defense strategies that can work.

What options are available to those arrested at DUI checkpoints who find themselves facing impaired driving allegations?

Question the legality of the checkpoint

Some drivers believe that sobriety roadblocks are a violation of their Constitutional rights. That is not technically true. The United States Supreme Court has previously affirmed that DUI checkpoints can be a legal law enforcement tool. However, DUI roadblocks have to comply with state regulations. Issues with paperwork can potentially raise questions about the legality of the checkpoint and therefore any charges that result from the roadblock.

Question test accuracy

Police officers attempting to develop DUI charges at a roadblock perform field sobriety tests and possibly also chemical breath tests. The results of those tests provide the evidence the state needs to prosecute an individual. Issues with the maintenance of individual devices or the calibration of a testing unit can compromise the accuracy of test results. People can sometimes avoid criminal convictions by establishing reasonable doubts about the accuracy of chemical tests.

Provide a medical explanation

Some drivers may have medical issues that impact their behavior in stressful social situations or their body chemistry. They may also take medications or follow diets that could alter breath test results. People arrested at DUI checkpoints may be able to use their medical circumstances to raise a reasonable doubt about whether they were actually under the influence.

Drivers arrested at sobriety checkpoints often have options available if they want to fight their pending DUI charges. Learning more about strategies and exploring the state’s evidence with a skilled legal team can potentially help people to avoid a damaging and expensive DUI conviction.

National College for DUI Defense | General Member

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