The use of DWI checkpoints by law enforcement has risen in the past few years in an effort to increase income from DWI fines and penalties. There are strict guidelines that must be followed at any sobriety roadblock, some of which can be overlooked or ignored in the pandemonium of a checkpoint arrest. If these guidelines aren’t followed, Attorney Thad Davidson can help get your DWI charges reduced or even dropped.
One of the guidelines established is that a DWI checkpoint must be publicly advertised. Many police agencies fall short or minimize their obligation to make the public aware of upcoming DWI checkpoints. The location of such a checkpoint cannot be random or obscure. It must be in a location with a record of high volume of DWI-related accidents or arrests. The location must also be adequately visible. Failure to follow any of these points can lead to dismissal.
Breath testing at a checkpoint can be highly inaccurate. In many cases, the devices used are not approved for mobile testing and their reliability can be challenged. Other guidelines can also be overlooked such as the length of time each motorist is stopped and detained and whether the Supervising Officer adequately recorded how the checkpoint would be operated.
It is legal to drive away from a sobriety checkpoint as long as no traffic laws are violated. To detain a driver who avoids going through a checkpoint is a violation of their individual rights.
If you or someone you know has been a victim of a sobriety checkpoint, it’s important to act immediately to keep your driving record clean. Thad Davidson will discuss your legal options and ensure that your individual rights have been upheld.