DUI Checkpoints: Legal Means Cops Can Use To Get Drunk Driver On The Road
Due to the high number of people injured or killed by drunk
drivers,
the majority of states use DUI checkpoints. These DUI checkpoints are
designed to get intoxicated drivers off the road before an accident
occurs. Approximately 23,000 people die and scores of others are
injured by drunk drivers. Because of this, states realized they had to
do something to make their roads as safe as they can.
When Are DUI
Checkpoints Held
Most DUI checkpoints are typically held during the holidays. The reason is that more folks are on the road and are more likely to be drunk. Some checkpoints are held overnight especially on the weekends so they can get control on the drunk drivers. Yes, DUI checkpoints are inconvenient for both the sober and drunk drivers. However, they also reduce the number of traffic deaths.
United States Supreme
Court Ruling On DUI Checkpoints: Legal As Long As Rules Are Followed
According
to the U.S. Supreme Court, DUI checkpoints are legal. Of course, you
find out where police plan on holding DUI checkpoint
announcements by reading the
newspaper, watching the TV or listen to the radio.
There have
been challenges to these DUI checkpoints based on Constitutional ground
especially from unreasonable search and seizures. However,
the
Supreme Court ruled that the DUI checkpoints are entirely legal so long
as rules are adhered to. The public must be made aware of the times and
locations of these DUI checkpoints through TV, newspaper or Internet.
Not
all vehicles will be examined during the DUI checkpoints, as police are
not legally able to search all vehicles. However, they can
check
every third or fourth driver and be neutral while doing it. If the
rules are not followed, the DUI case can be tossed out of court.
If
you notice a DUI checkpoint, you can avoid it by going another route.
However, motorcycle police tend to follow and pull vehicles over who
evade the DUI checkpoints. Of course, the only way to avoid DUI
checkpoints trouble is to not drink then drive.
What Happens At DUI
Checkpoints
When
you’re pulled over during the DUI checkpoints, you’ll still be asked to
do the tests and breathalyzer. If you’re found to be under the
influence, with a BAC of .08 percent or more, you’ll be considered
under the influence and be arrested. A person younger than 21 who has a
BAC of .01 percent will be arrested. If you have an open alcohol
container, you’ll also be placed under arrest.
Most folks will
link driving to a good time. However, if you’re going to drink out in
public, you need to make arrangements to get home such as calling a
taxi or having someone who hasn’t been drinking to drive you
home. You need to be responsible so that you and others on
the
road with you stay safe and uninjured.
Check out Hardship License and its own regulations
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