For some people, being stopped in a DUI checkpoint can be inconvenient and frustrating. If you find yourself being stopped in a checkpoint, you can always invoke your right and law enforcers should respect that. While most Americans have been subjected to random DUI checking in sobriety checkpoints, its constitutionality is being questioned.
One of the major issues being questioned with DUI checkpoints is that it uses up a huge chunk of police resources and seems to be an exercise in futility. Aside from that, opponents of DUI checkpoints argue that such practice is a violation of the Fourth Amendment. Likewise, they also contend that sobriety checkpoints involve unreasonable search and seizure which is a clear violation of the Constitution.
The fight against DUI checkpoints have been dragged all the way to the Supreme Court. In 1990, it issued a ruling that although sobriety checkpoints infringed human rights based on the Fourth Amendment, this was only a minor detail. The US Supreme Court found that it was more important to remove drunk drivers from the road and reduce possible public safety risks than protecting them from unreasonable search and seizure.
In order to deem sobriety checkpoints as constitutional, there are some guidelines that police officers should strictly follow. An Arizona DUI lawyer can help ensure that such guidelines were followed to the letter during the sobriety test.
Setting up of DUI checkpoints should be conducted by supervising officers and vehicles must only be stopped based on a pre-set pattern. Officers may not conduct a sobriety test and place roadblocks and select drivers to screen.
The location of the checkpoint should be determined by policymakers taking into consideration the statistics as well as the safety of the public and the police officer.
The conduct of the sobriety test should be for a limited time only in order to ensure effectiveness and avoid intrusion. Detention of drivers should be done for the minimum time possible to complete the DUI screening.
Warning lights and signs must be installed in order to alert drivers that there is a checkpoint. The schedule and location of the sobriety checkpoint should also be issued in advance.
Even with the current ruling and guidelines from the Supreme Court, there are still some American states that regard DUI sobriety tests unconstitutional. In states such as Iowa, Michigan, Idaho, Oregon, Minnesota, Washington, Wyoming, and Rhode Island, drivers are not pulled over in sobriety checkpoints.
If you find yourself being pulled over at a sobriety checkpoint in Arizona, the best thing to do is speak with an Arizona DUI lawyer to see if the arrest violated your constitutional rights. This way, you can do something about the inconvenience and discomfort caused by the police officer who pulled you over.