Sobriety Checkpoints and DUI Arrests
By Gold & Witham
Feb. 18, 2011 4:08p
Sobriety checkpoints, also referred to as DUI roadblocks, are set up by law enforcement on a particular street or road in order to randomly stop and test drivers to see if they are driving under the influence. These are conducted in an attempt to discourage drunk driving, but do they infringe upon our constitutional rights?
A sobriety checkpoint is a type of roadblock set up in order to prevent and discourage drunk driving and by catching those who are driving under the influence. A checkpoint of this kind must be set up based upon specific guidelines in order for any subsequent arrest and charges to be deemed lawful. For example:
- The location and time of the checkpoint must be announced in advance to the public
- The checkpoint must be set up by command law enforcement officers, not officers in the field
- Vehicles must be selected based off a neutral formula
- Checkpoints must be safely maintained to protect both motorists and law enforcement
- The checkpoint must be set up to minimize the amount of time that a motorist is detained
Were you arrested at a sobriety checkpoint in the Los Angeles area? The attorneys at Gold & Witham may be able to help. The firm offers aggressive and knowledgeable criminal defense representation to drivers throughout the greater LA area who have been arrested for DUI. If your arrest occurred at a roadblock, there are particular issues that your lawyer should take into account when building a defense on your behalf. If it can be proven that the checkpoint was not set up properly or violated your rights in any way, this may provide your defense attorney with sufficient grounds to have your charges dismissed.
It is important to conduct a complete investigation into the matter to determine exactly how to approach a case. For a confidential review of your case, contact a Los Angeles DUI lawyer at Gold & Witham today.
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