Posted on: 9 June 2020
When it comes to driving under the influence (DUI) arrests, it's all about the illegality of the stop and everything that happened after that point. Almost all those arrested for DUI were stopped while driving but some are arrested at DUI checkpoints. This type of arrest, just like all of them, is subject to challenges by your criminal defense lawyer. To find out more about this type of arrest, read on.
- Probable Cause – This term means that law enforcement must have a reason or a strong suspicion before they can arrest someone. In fact, before they even approach a person they have to have probable cause. In the case of a driver in a car, that probable cause does not have to directly relate to the DUI issue. For example, you can be stopped for speeding and then arrested for entirely different reasons. However, there must be probable cause to make the stop in the first place. If it doesn't exist, it doesn't matter what they suspect is eventually charged with because the stop was illegal. In the case of a checkpoint, however, things are different.
- Checkpoints and Probable Cause – Checkpoints are meant to be a convenient way for law enforcement to target crime of all kinds. When occupants are stopped at a checkpoint, they must show identification and the officers will observe the subject for signs of impairment and more. The pursuant arrests can be for outstanding warrants, driving without a valid license, drug possession, DUI, and more. To deal with the issue of probable cause, checkpoints operate under the legal umbrella of mass probable cause.
- Mass Probable Cause – Checkpoints are far from random events. Certain times of the year and certain events can prompt law enforcement to erect the checkpoints to catch drinkers on the last day of the year, for example. The roads coming from state fairs, football games, and outdoor concerts are often the scene for checkpoints.
What You Need to Know
Just like arrests for any reason, checkpoint arrests for DUI can be challenged in court. There are numerous rules about checkpoint and they are not legal in all states. Consider these rules:
- The checkpoint must be well-marked and brightly lit.
- The public must be informed about the checkpoint ahead of time.
- The order that vehicles are stopped must be according to a plan. The officers do not have the ability to stop anyone based on any other indication. For example, they might only stop every other vehicle
A DUI arrest is far from the end of the story. Speak to a criminal defense lawyer, like Shefferman Law, about your arrest and fight your charges.Share