The U.S. Supreme Court has ruled that sobriety checkpoints are constitutional so long as the police follow certain guidelines. But guidelines are not always followed. As such, if you have been arrested for a DUI at a sobriety checkpoint, it is imperative that you immediately hire a New Jersey DUI attorney to fight the legality of the checkpoint as the basis for your arrest.
DUI Checkpoint Protocol
The requirements for sobriety checkpoints established by the Supreme Court are intended to promote safety and balance the rights of drivers against society’s need to keep impaired drivers off the road. Below is a summarized list of these requirements:
- Only supervisory officers should make the decision to establish the checkpoint and choose its location.
- Law enforcement must use a neutral mathematical formula in determining which drivers to stop.
- Warning signs, adequate lighting and clearly identifiable vehicles and personnel must be employed.
- Law enforcement cannot stop drivers merely because they tried to avoid the checkpoint.
- Law enforcement should schedule sobriety checkpoints to ensure the safety of both drivers and officers.
- Checkpoints must be highly visible in order for drivers to be able to clearly see the roadblock as they approach.
- Law enforcement should detain drivers just long enough to ask a few brief questions and to look for signs of impairment – if there are no signs of impairment, the driver should be able to drive away without delay.
- Drivers showing a sign of impairment should be taken to a separate area for a field sobriety test.
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Call New Jersey DUI attorney Dan Matrafajlo at 908-248-4404 to discuss your roadblock or sobriety checkpoint issues, or any other DUI issues. Consultation is always free.
We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the experience needed to deal with prosecutors, police and the courts to get the best possible outcome for your DUI case.
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