DUI CHECKPOINT LAW

DUI Checkpoint Law

Everything You Need to Know About DUI Checkpoints

Decision making at Supervisory Level- All decisions involving checkpoint policy, procedure & operation must be made in advance by supervisory law enforcement personnel to reduce risk of arbitrary & inconsistent enforcement

Neutral & Predetermined Stop Criteria- When choosing which vehicles to stop, field officers must adhere to a predetermined mathematical criterion such as every 3rd, 5th, or 10th car.

Reasonable Location- Must be located in areas with high rates of DUI related accidents or arrests

Constraints on Time & Duration- Checkpoint must begin & end at a reasonable time. Usually they begin late at night and end early in the morning.

Safety First- Field officers must prioritize & maintain basic safety conditions- proper lighting, warning signs, easily identifiable vehicles & personnel

Minimally Intrusive & Brief- If the driver fails to exhibit any signs of intoxication or other illegal behavior, the stop should last no more than a few minutes.

Easily Identifiable & Advance Warning- .Drivers must have ample warning that they are approaching a checkpoint. Indicators include several uniformed officers & marked police cars, warning signs, flashing lights, & cones.

Public Awareness- Checkpoints should be announced a few days in advance because the courts believe that advance warning actually reduces drunk driving rates.

If you were arrested for a DUI at a checkpoint, an experienced DUI attorney who understands complex DUI checkpoint law can develop an aggressive defense strategy that may result in a reduction or dismissal of your charges.