In our previous post, we began speaking about the subject of DUI checkpoints, and the fact that these are illegal under in Texas’ interpretation of the federal Constitution. Not every state holds this view, however. In 38 states, sobriety or DUI checkpoints are legal and are utilized as a way to keep roads safer.
Other states that utilize DUI checkpoints typically make use of strict guidelines. Failure to abide by the requirements for a DUI checkpoint can affect the integrity of DUI cases stemming from the checkpoint. Typical requirements include adequate justification for a checkpoint based on statistical data, proper notice to the public regarding the date, time and location of the checkpoint, and adequate training of officers involved in the checkpoint.
While checkpoints are not utilized in Texas, it is important for motorists to be aware of possible situations that may amount to DUI checkpoints without formally being so. Law enforcement efforts which indiscriminately stop motorists for other stated purposes, but with the ultimate goal of detecting criminal behavior, including DUI, are illegal. Those who find themselves facing criminal charges as a result of such a stop should contact an experienced attorney. While such situations are bound to be rare, it is good to be prepared for the possibility.
DUI charges are not always straightforward from a legal perspective. Sometimes there are issues regarding the investigation, the accuracy of testing, the sufficiency of the evidence, or other matters, which need to be looked into in order to ensure the defendants’ rights are protected.
Source: AOL Autos, “‘No-Refusal’ DUI Checkpoints Deployed To Combat Holiday Drunk Driving,” July 2, 2014.Governors Highway Safety Association, “Sobriety Checkpoint Laws,” Accessed July 2014.