The USA is a globally reputable country for its advocacy for maximum respect of citizens’ rights, especially in faces of fears and intimidations. Let’s face it. Law enforcement agents are human and they usually want to overdo things or flex their muscles beyond their allowance. They do this in DUI arrests too. However, the judiciary through the lawyers and judges are always there to put them back on their tracks and jurisdictions.
Legally, police officers are allowed to setup roadblocks for DUI checkpoints. Even so, there are numerous checkpoints requirements to be followed before a motorist arrest at such checkpoint may be tagged legal or else he would be able to challenge his arrest. For instances in checkpoints there must be neutral pre-determined process by which vehicles are selected and stopped, the checkpoints must be adequately identified, there must also be advanced notice to the public of the roadblocks and all detentions must be as short as possible. There are several factors used in determining the legality of a DUI checkpoint but unfortunately the police make mistake on many of them. Motorists also fall victims for their own ignorance when their DUI cases may actually have been dismissed for lacking merit based on wrong or illegal checkpoint reasons.
Supervising officer must make all constitutional decision
Let’s begin from here as it is perhaps the commonest mistakes in checkpoints on the path of police officers. Before a checkpoint is considered as legally established, an administrative officer not a field officer is expected to make operational decision on how the checkpoint must be conducted. This is to endeavor that checkpoints are constitutionally profiled to avoid certain person being singled out on discriminatory basis. Decision involved may be date for the checkpoint, location and how vehicles should be briefly detained would be selected. If these are not followed and you are arrested for DUI in such checkpoint in Denver, get your Denver DUI Attorney to come to your aid immediately.
Stops must be neutral and impartial
As earlier said, a decision on what vehicles would be stopped and briefly detained is supposed to be an administrative decision. For instance, officers may be advised to stop first three vehicle and let the following three proceed. It would be wrong to stop vehicles on whatever discriminatory grounds.
Checkpoint location must be reasonable
Police officers are not expected to just select a checkpoint. Locations must be in a place with highly recorded incidence of DUI arrest or alcohol-related accidents. This is so that checkpoints can be more effective in stopping impaired drivers.
Checkpoints must have safety precautions
Safety precautions must be implemented in checkpoints such that motorists can safely stop and navigate through it. It should also be able to accommodate the flow of traffic. Precautions may include adequate lighting and checkup should be at a time when traffic volume is manageable.
Reasonable time and duration
Normally, there is no time limit or duration on how long a checkpoint can be operational. In fact, it is permissible to last for an entire weekend as long as the burden of motorist isn’t substantial. However, it is expected of administrative officers to cause less inconvenience to motorists. For example, a busy stretch of checkpoint during the rush hour is perhaps unreasonable.
There must be visible checkpoint signage
At any checkpoints, motorist must be alerted of presence of it in advance via visible signage and posts. Officers are also allowed to have flashing lights on several of their vehicles leading to the stop point. With this, drivers would already be aware of the stop ahead rather than running into them suddenly with great fear.
Detainment should be as short as possible
This is an essential component of a checkpoint to lessen the intrusive nature of operation and erring conversations. Officers must within a very short time be able to identify DUI signs as slurred speech, alcohol odor, dazed appearance, bloodshot eyes, and incoherent speech among others via few questioning.
Checkpoints must be advertised in advance
A notice of at least one week is usually given in advance of a DUI checkpoint. The reason is to deter drivers from drinking and driving in these areas which are expected to be locations where high incidences of DUI arrests or alcohol-related accidents have frequently occurred. This decision is also to put motorists on notice that their liberty or privacy could be violated if only for a minimal time along the area.
Aside the named mistakes above, you also have some few rights that could be exercised at checkpoints. For example, you can make a turn to avoid a checkpoint especially if you have done that in the right way. You could also refuse field sobriety tests aside chemical tests at DUI checkpoint because of their inconsistencies. Open up about all of these to your Denver DUI lawyer and he would guide you through. Also if your Denver DUI attorney sensed that police officer make any mistakes on the grounds that have been mentioned above, he could simply make it a legal lacuna to get your case dismissed. Look out for all of these and related them with your Denver DUI lawyer for proper representation.
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