Law enforcement can create check points on public roads to try to find those driving while intoxicated (DWI) where drivers are supposed to be randomly selected to be screened. The courts have set up rules that law enforcement needs to follow to conduct these checkpoints in order for any evidence obtained to be used at a trial. If you were arrested at a checkpoint and these rules were violated there may be valid legal defenses that could help protect your rights and freedom.
- Supervisory officers must decide where the checkpoints will be located.
- Locations should be on roads with a high incidence of alcohol-related accidents and DWI arrests.
- There needs to be a neutral mathematical formula, such as every third or tenth driver, determining whom to stop.
- The primary consideration must be the safety of motorists and officers. There needs to be sufficient lighting, warning signs and easily identifiable official vehicles and personnel. Checkpoints should only when it’s safe to do so.
- When a checkpoint can be organized must minimize the infringement on motorists’ rights.
- Drivers must be able to clearly see the nature of the roadblock.
- Escape routes are required.
If police fail to comply with limitations set down by the courts, evidence obtained at a checkpoint may be prevented from being used at a trial which could result in charges being dropped, a not guilty verdict or a plea bargain agreement to a lesser charge.
If you’ve been arrested for DWI at a checkpoint, you need the help of one of DWI.co.com’s experienced DWI defense lawyers to make sure law enforcement stuck to the rules and that you get the benefit of all applicable legal defenses. Contact us today.