Legality of DUI Roadblocks

Constitutionality of a DUI Roadblock

DUI roadblocks, also known as sobriety checkpoints, have increasingly become a popular way for law enforcement to crackdown on drunk drivers. At a DUI roadblock, the police will randomly stop cars to determine whether the driver is operating the vehicle under the influence of alcohol. However, not all of these roadblocks are properly administered and thus can be easily disputed by a Rancho Cucamonga DUI attorney.

Attacking the Constitutionality of a DUI Roadblock

An experienced Rancho Cucamonga DUI attorney will use a two-step method to successfully attacking the constitutionality of a DUI roadblock:

  1. The first step is to check to see whether the DUI roadblock was the only basis for the DUI stop. If the Rancho Cucamonga DUI attorney finds out that the arresting officer had alternative reasons for the DUI arrest, such as equipment violation or traffic infraction, then the evidence can be successfully suppressed at trial.
  1. The second step is to determine if the sobriety checkpoint was created and administered within the set guidelines of the law. If the law enforcement illegally administered the checkpoint, then the evidence will be dismissed and the DUI charges will be dropped.

Charged with DUI in Rancho Cucamonga?

A DUI arrest does not mean an automatic conviction. If you or a loved one was arrested for drunk driving at a DUI roadblock, it is in your best interest to immediately hire an experienced DUI lawyer to put together a successful defense on your behalf. For more information, call Rancho Cucamonga DUI attorney Kirk Tarman at (909) 466-9800.

Categories: 
Related Posts
  • What Are the Penalties for DUI in California? Fines, Laws, and Jail Time Read More
  • Los Defensores Criminalistas: The Law Offices of Kirk Tarman & Associates, 25 Años de Experiencia en Defensa Criminal Read More
  • What to Expect in Court: Criminal Defense Attorney Read More
/