Should DUI Checkpoints be Publicized?
Posted on Mar 26, 2012 4:58pm PDT
In an effort to keep streets safe and rid them of the danger of drunk driving, law enforcement is constantly taking new measures in their battle. Some of their efforts include campaigns that are geared at encouraging individuals to make the choice themselves to not drink and drive. Other times law enforcement takes action on their own such as increasing their number on the street and pulling over more cars that they suspect could be under the influence of alcohol. One strategy that has appeared to be effective is setting up checkpoints. A DUI checkpoint consists of a number of highway patrol officers who investigate the cars that are coming through on a certain street to evaluate if they appear to be driving after drinking.
A check point can be in any area but is typically set up on busier streets where there will be a higher volume of traffic. Through these checkpoints when the car passes by officers, they often ask a few questions to the driver of the vehicle including to see their driver's license. If they appear to be compromised in any way they may ask them to pull over to the side and get out of the car where they will administer a field sobriety test including assessing their blood alcohol content level. Those that try to leave the line before being checked may be pulled over by officers waiting on the sideline ready to stop anyone who tries to avoid inspection.
While the amount of arrests at a checkpoint for drunk driving is typically low, they are only one aspect of the overall defense process and can be used as a deterrent for those that are considering getting behind the wheel after drinking. One checkpoint only resulted in around 1% of arrests being made from those who went through the line. Knowing that a DUI checkpoint will be set up and that officers will be out that night looking for those who are drinking and driving might cause some individuals to think twice. Many questions have been raised when dealing with checkpoints including whether or not they go against the constitutional rights of citizens. To deal with these questions checkpoints are often times publicized before they happen, specifying the time and location or in some cases only that they will occur.
While some believe that checkpoint goes against the rights of people, others wonder why they are publicized at all, believing that letting people know that it will occur also helps them get away with it. Officers respond that the people taking action beforehand are typically not the ones that their checkpoints are going to catch. Their aim is to change the behavior pattern of the area instead of just making some arrests. Hopes are that even if the media is giving away where and when these searches will take place, the overall view towards drinking and driving will be transformed.
The issue of checkpoints has been a hot topic for years, even being decided upon by the Supreme Court. Over the years they have shifted their stance; changing the requirements on what needs to be disclosed to the public beforehand. Not all states allow checkpoints but for those that do they need to follow a number of guidelines to protect against impeding on the rights of drivers. It has been left up to the states to determine how to carry out checkpoints while upholding the constitution.
Since thousands of accidents and fatalities are linked to drunk driving every year, the efforts continue to take any available measures to defend against them. Those that are charged for a DUI may face penalties including but not limited to jail time, fines, license suspension and alcohol rehabilitative programs. Hiring the services of an attorney can be an important asset in any case and can have a great influence on the final sentencing.
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