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While DUI cases might seem straightforward, they are not. There are several factors a DUI attorney will consider when evaluating your case. First, did the officer have reasonable suspicion to stop you? If you passed through a sobriety checkpoint, was it a legal checkpoint? Second, did the officer have probable cause to start a DUI investigation? If you were required to perform field sobriety tests, were they justified in the first place, properly explained and properly assessed? Was the officer correctly trained to administer and evaluation the tests? Was the office justified in requiring you to submit to a preliminary breath test, and were the results accurate and reliable? Was there sufficient probable cause to arrest you? If you took any blood alcohol tests at the police station, were the tests properly conducted on machines properly maintained by officers properly trained, and were the results accurate and reliable? Regardless of all the tests and reports, can the prosecutor prove that you violated each element of the DUI law beyond a reasonable doubt?
As you can see, DUI cases are anything but simple. And this is all just the tip of the iceberg. Protect your rights. Protect your future. Consult with local licensed DUI attorneys today for free by completing the above form. There is no obligation. Fees for legal representation can be discussed with each attorney before you decide who to hire or how much representation will cost.
Your vehicle rolls through a DUI checkpoint as the police officer wields a bright flashlight in your face. While you understand the effort to reduce the number of drunk drivers on the roads, you feel like this is an invasion of privacy. Being stopped by an officer is a nerve-wracking experience for just about any driver. It's understandable to be stopped for swerving across lanes, but DUI checkpoints stop everyone, regardless of how well they are driving.
The Fourth Amendment offers protection from unreasonable searches and seizures. Unless there is an exception to the general rule, law enforcement should only perform searches or seize your property after obtaining a warrant from a judge who will require probable cause before issuing the warrant. Where do DUI checkpoints fit in? Does a police officer have the right to pull you to the side of the road to administer a sobriety test without a warrant, and even without probable cause?
The U.S. Supreme Court found that DUI checkpoints are constitutional, since the interest of reducing drunk driving outweighs inconvenience to drivers. DUI checkpoints may operate differently from state to state, but some or all of the following factors should be present:
Motorists who are cited for DUI because of a DUI checkpoint should have an attorney evaluate the way the DUI checkpoint was operated, as this might give rise to a legal defense.
DUI checkpoints are often performed on nights, weekends and holidays, and usually in a city's "hot spots" where a high volume of intoxicated drivers is expected. Watching the news for DUI checkpoint notifications and exercising safe driving practices will significantly lower your risk of a negative DUI checkpoint experience.
If you are charged with a DUI, it doesn't matter whether it was from a DUI checkpoint or a roadside field sobriety test. DUI charges are always serious and can affect your freedom and your ability to make a living, as well as impacting your future for years to come. Having a local licensed DUI attorney on your side may help reduce potential penalties, or even result in charges being dismissed altogether. When you retain a DUI attorney, he or she will explore the events leading up to the DUI charge to see if the police followed their own rules properly and didn't violate your Constitutional rights.