Sobriety Checkpoints in Palm Beach
Are DUI checkpoints constitutional?
The use of traffic checkpoints to catch drunk drivers and to reduce the
incidence of driving under the influence has been a subject of controversy
in recent years. The Bill of Rights, specifically the Fourth Amendment,
protects citizens in our country against unreasonable search and seizure
by imposing a requirement of probable cause or a search warrant before
a police officer can conduct a search or make an arrest.
Given the fact that DUI checkpoints subject everyone in the designated
area to investigation, it would seem to constitute a violation of this
right. The matter has been taken to the Supreme Court, which has ruled
that sobriety checkpoints are lawful provided that they follow the specific
guidelines set forth for them.
The police officers or highway patrolmen who conduct
DUI checkpoints cannot simply use their own judgment to choose which drivers
to investigate and which to let pass. Rather, they must follow a procedure
that requires all drivers to adhere to the same sequence of investigation
techniques. There are other requirements as well, including posting visible
signs and warning lights and even issuing public notice of the planned
checkpoint in advance. Now is the time to contact our
Palm Beach DUI attorneys as soon as possible.
Challenging DUI Arrests Made at a Sobriety Checkpoint
Contact Parks & Braxton, PA as early as possible after you have been
arrested at a sobriety checkpoint. We have earned a reputation for fighting
aggressively to defend our clients, and we are ready to take action on
your behalf immediately. If there is evidence that the police did not
follow the strict requirements for a lawful checkpoint, it might be possible
to have the evidence which was gathered during the investigation suppressed
on the grounds that your rights were violated. Even if this is not the
case, other defense strategies might apply, including questioning the
validity of the field sobriety tests that you were asked to perform or
the reliability of any chemical tests that were used. Take the first step
now by calling or visiting our firm today.