Sobriety Checkpoints
Drunk driving checkpoints can help police catch intoxicated drivers. At these stations, police officers ask drivers a few basic questions about their evening. If necessary, the driver may be asked to submit to a breathalyzer or field sobriety test. The checkpoint officer may arrest a driver randomly found intoxicated at one of these checkpoints. However, due to Constitutional complications with unwarranted searches, these checkpoints must adhere to specific guidelines.
Contact the Seattle DUI attorneys of Cowan Kirk Gaston today at 866-822-1230 for more information regarding your rights as a defendant facing a DUI charge.
Limitations for Sobriety Checkpoints
With questions being raised over the legality of checkpoints, the courts have upheld these law enforcement measures as a legitimate screening process. There are some restrictions placed on checkpoints, however. If authorities do not follow these basic limitations, they may violate a citizen’s rights. These restrictions include the following:
- Checkpoints must be set up at reasonable locations
- Warning signs and lights must be posted
- The public must be warned before the checkpoint is set up
- A formula must be used to determine who is selected for questioning
- Supervisors, not officers, must make final decisions
Failure to meet these basic limits can violate a person’s right against unwarranted search or seizure. As these checkpoints are considered a form of searching, they must distinctly follow these guidelines.
Contact Us
If you have been charged with DUI, the penalties can prove severely detrimental to your reputation and professional prospects. To discuss your defense options with an experienced legal advocate, contact the Seattle DUI lawyers of Cowan Kirk Gaston by calling 866-822-1230 today.
