Sobriety Checkpoints Are Legal But Must Adhere To Three Rules To Hold Up In Court Of Law
So many folks have been killed or seriously hurt by drunk
which is why it’s not surprising that police have stepped up their DUI
enforcement and established sobriety checkpoints. Sobriety checkpoints
are set up to catch intoxicated drivers on the road. When they’re
caught at these sobriety checkpoints, police get them off the road
before a serious accident takes the life of an innocent victim or the
Each year, approximately 23,000 people die and scores of others are injured because of an accident a drunk driver caused. And, it’s because of the extraordinarily high numbers that state governments have mandated sobriety checkpoints to keep the roads safe for all persons, young and old.
Checkpoints: When Are They Set Up
Holidays are generally the time that police will do sobriety checkpoints. After all, more folks will be on the road, which a good deal many of them being drunk. It’s not unheard of for sobriety checkpoints to be held in the overnight hours on the weekends… around the time bars close. During the DUI check, a DUI breathalyzer test will be administered to the suspect.
Yes, sobriety checkpoints are an inconvenience to drivers, both sober and drunks. Yet, they save lives, as they decrease the number of drunk drivers on the road. This leads to a decrease in auto fatalities.
Sobriety Checkpoints Are Legal But Need To Adhere To Three Rules
Several constitutional challenges have been made about sobriety checkpoints regarding unreasonable searches. According to the United States Supreme Court, sobriety checkpoints are legal but only if they follow three rules.
1 – Public Must Know About The Checkpoint Before It’s Set Up
Before checkpoints are set up, the public must know where they’ll be located and when. This information is generally printed in the paper, played on the television or released on the Internet so every person will know where and when one will be held.
2 – Random Driver Checks
Officers at DUI checkpoints cannot check all vehicles that pass through. Rather, they need a neutral formula to choose the vehicles they plan on stopping for the sobriety check. They need to check every three or four vehicles and stick with that. Failing to do so can result in a DUI case being tossed out of court.
3 – Police Motorcycles Allowed To Pull Checkpoint Avoiding Vehicles Over
You are legally able to turn your vehicle around or change course if you come upon a sobriety checkpoint. However, a motorcycle unit can follow and pull you over for avoiding the checkpoint. Thus, it would be best to not drink and drive.
What Are The Police Checking On At Sobriety Checkpoints
The standards of a sobriety checkpoint are going to be like other places where you are stopped. If your blood alcohol content is .08 percent or higher, you’ll be placed under arrest and charged with DUI. Anybody under 21 years old who has a BAC of .01 percent will also be under arrest. Open containers inside the vehicle will also result in an arrest.
Many times people drink to have a good time. If this is you, you’ll need to make some arrangements if you plan on drinking out in public. Be sure to get someone to be your designated driver or call yourself a taxi. You certainly don’t want to end up in jail or the hospital or cause a deadly accident.