Roadside sobriety checkpoints have been upheld by the right of law enforcement; however, they can only proceed under certain guidelines. They must announce where the checkpoint will take place and prove that it is an area where there have bee\n an increased number of DUI drivers.
In addition, every vehicle that goes through the checkpoint must be stopped. There must also be a probable cause before arresting an individual or suspecting that someone has been driving while intoxicated. A supervising officer must approve the checkpoint before it is used. Most importantly, it cannot be set up by a police officer who randomly wants to activate a checkpoint.
STANDARD CHECKPOINT PROCEDURES
You may be asked if you have had anything to drink, and you will be asked to show your driver's license and registration when stopped at one of these checkpoints. When you are stopped by law enforcement, you are required to provide documents, in addition to your name and address. Certain signs of impairment will be observed while the officer is reviewing your documents such as:
- The smell of alcohol in your car
- Opened alcohol containers
- Speech that is slurred
- Physical impairments of intoxication and fumbling with your documents
- Seeing drug paraphernalia
KNOW YOUR RIGHTS AT A SOBRIETY CHECKPOINT
Many arrests occur because an individual admits that he or she has been drinking; however, if you are pulled over, you are not obligated to answer additional questions. You should immediately contact an attorney if you are arrested and charged with DUI at a roadside checkpoint. There are several strong defense strategies that a legal team like that at Webb & D'Orazio can propose, should you be charged with a DUI offense at these checkpoints.
In order to determine the best way to proceed, a full review must be done by the legal team because each case has unique details and differences. In some cases, procedures that are required by law at such checkpoints have been violated. During the arrest procedure, errors may occur. The legal team will carefully and quickly explore and take action to assist with the defense of your case.
SAFE ROADS AND PROTECTED RIGHTS
To conclude, sobriety roadside checkpoints can be effective in saving lives and filtering out which drivers are safe to drive and drivers who are not safe to drive. However, if you are unjustly accused of DUI, contact a legal team like Webb & D'Orazio in Marietta Georgia and the surrounding area. Our team will explore all ways to defend your case.
Call us today at 770-952-7000 to set up a free consultation with our DUI attorneys.