Mistakes Police make at DUI Checkpoints That can be Challenged

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.

Best DUI Defense Strategies in Denver

DUI has been confirmed as one of the most documented causes of preventable deaths across the states of our federating unit in the USA because it has claimed lots of lives via road accidents based on impaired driving. There is thus a need to put a stop to this preventable loss of lives and properties that rage almost in every state in the country. This explains the major attention and interests the governments of all states have given to the offense to curb the menace via legislations and structuring of penalties for the offense.

You may have heard about DUI/DWI (Driving Under Influence/Driving While Impaired) as one of the most terrible offenses in the United States given its popularity as well as the serious criminal and administrative penalties that usually trail it, but chances are that you still think of DUI on a general note than its complex specifics and intensity of the offense. DUI arrests especially could happen in various ways and instances. Similarly, its penalties may be as different and possess a wide scope based on various factors, although most times, there are general penalties depending on the offense regime (whether first time offender or repeat offender) and/or region or state in which the offense is committed.  Generally, DUI attracts penalties ranging from few monetary fines to jail term and even felony charges depending on factors surrounding it.

The variety and severity of DUI offenses usually spell that the  most professional and experienced Denver DUI attorneys take special approach to offenders’ defense, hence the long list of strategies that are devised by them to have control of each situation. Whether a first time offender or a repeat offender, the first step to take in order to confront a DUI arrest or charge is to secure the service of professional Denver DUI Lawyers who possess vast knowledge of local DUI laws in your defense. This would ultimately save you time as well as secure the best possible results no matter how difficult the situation may appear.

Most Denver DUI lawyers build their clients’ defense strategies around situations of arrests or charges including the traffic stop, field sobriety tests, breath tests, the arrests and in fact, the prosecution. Your attorney would love to know what situations warrant the initial DUI stop. This is because, like in most other states of the US, Denver DUI laws posit that law enforcement officers must have a reasonable amount of suspicion in your driving to have been inconsistently (impaired) before stopping you for such check. The law is such that motorists wouldn’t be victimized, delayed or pulled for no reasons. If he can then prove successfully in the court of competent jurisdiction based on the information you make available to him that officers do not have enough suspicions to have forced a stop, such charged would be dismissed as incompetent.

Similarly, your attorney would want to have an idea of the test type, apparatuses and equipment administered to you by officers. It is believed that some tests (field sobriety and Breathalyzer) are perhaps highly fallible, and so they cannot be depended upon as a basis for DUI charge. However, some tests (chemical tests) have better accuracies, yet an experienced attorney would defend you against such with the slightest limitations which could range from false readings, improper calibration, administration and even offender’s health conditions.

Not just this, your arrests and situations surrounding it can be used to stage a defense against a charge. It has to be confirmed if your state rights were read to you by police officers, if you were allowed to speak with your attorney, if there is a probable cause for arrest and lots more. This is to establish that your rights have not been infringed upon during the arrest situation. Even when all hope seems to have been lost, an experienced Denver DUI Attorney could always spring surprises by creating great strategies to fight your prosecution. He could look for lacunas in evidences (if manhandled) as well as documentations to fight your legal battle really hard and gain some wins.

Overall, individuals are not expected to face DUI arrests and charges alone. Rather, they are expected to get a DUI attorney who would amidst all odds and depending on the severity of your offense solicit charge dismissal or reduced penalties as the case may be. You are advised to hire one today.