When police officers suspect you of driving under the influence, they may request that you undergo a field sobriety test. While taking part is voluntary, failing to participate could result in immediate license suspension.
Jim Yeargan and his team at Roswell DUI can obtain access to any technological recordings associated with your checkpoint arrest as well as officer’s reports from that day’s traffic stop and arrest process. By reviewing these records, they will assess if proper procedures were followed during their traffic stop and arrest process.
They Are Legal
DUI checkpoints are temporary roadblocks set up by law enforcement to evaluate drivers for signs of alcohol or drug impairment in order to prevent drunk driving accidents and increase public safety. DUI checkpoints are considered constitutional on a federal level as they don’t violate the Fourth Amendment of the Constitution which protects citizens against unreasonable searches and seizures; however they must adhere to specific guidelines in order to be effective.
Police cannot arbitrarily select vehicles to stop; rather, they must adhere to a predetermined plan which is clearly marked and have an objective reason for doing so – such as an irregular driving behavior that might suggest impaired driving.
DUI checkpoints should be kept brief, with drivers typically being allowed to keep their vehicles until officers develop specific suspicion of criminal activity. When stopped at such a checkpoint, you have the right to remain silent and decline field sobriety tests.
They Are Not
There has been much discussion as to whether DUI checkpoints violate the Fourth Amendment of the Constitution, which protects individuals from unlawful search and seizure. Most experts feel that DUI checkpoints do not infringe upon this right if certain guidelines are adhered to: making screening processes as efficient as possible, keeping wait times for passing motorists at an absolute minimum, stopping vehicles based on reasonable suspicion that criminal offense has or will occur, etc.
Officers conducting DUI checkpoints often request drivers take field sobriety tests, which involve physical tests designed to measure balance, dexterity and motor control. These exams provide evidence to back up suspicions that a driver might be under the influence of alcohol or other substances.
If you have been arrested at a DUI checkpoint, it is imperative that you contact an experienced Roswell DUI attorney right away. A skilled lawyer will review what transpired during the checkpoint to assess if there were any legal challenges that might lead to dismissal of your case.
They Can Affect Your Rights
Police officers conducting DUI checkpoints must follow specific guidelines or they risk being accused of conducting an unreasonable search and seizure. This includes marking the location clearly so as to minimize disruption of traffic flow; clearly defining its purpose; and seeking approval for its location by an assigned supervisor prior to starting operation.
At a DUI checkpoint, it is legally mandatory that you present your driver’s license and proof of insurance. However, you don’t need to submit to field sobriety tests or answer questions regarding your drinking habits if that makes you uncomfortable; refusing these tests could save you from being arrested for DUI.
Your legal right is to refuse searches of your vehicle without probable cause or permission, as well as refuse answering any inquiries from police officers. If you have been arrested at a DUI checkpoint, Roswell DUI lawyer can work tirelessly on your behalf in fighting charges of DUI.
They Can Help You
DUI checkpoints are used by law enforcement agencies to detect and arrest drunk drivers, so it’s vital that individuals understand their rights prior to driving through one in order to protect themselves. Stay calm, polite and document any interactions with law enforcement as much as possible.
Police can legally set up roadblocks to check for intoxicated drivers, but must follow strict guidelines in order not to violate the Fourth Amendment’s protection against unreasonable searches and seizures. These include publicly announcing the purpose of the stop, choosing its location in advance and not requiring drivers to provide blood samples or field sobriety tests (and may refuse these requests without penalty). A knowledgeable Roswell DUI attorney could assist in challenging any illegal searches or arrests made at DUI checkpoints; call James Yeargan Attorneys at Law immediately so we can start crafting your defense strategy!
