DWI Road Block
In most states, law enforcement agencies use driving while intoxicated (DWI) road blocks as a way to enforce drinking and driving laws. If you have been arrested and charged with drunk-driving after being stopped at a DWI road block, it is important to speak with a skilled defense lawyer as soon as possible.During a DWI road block, officers must stop a predetermined number of vehicles. For example, the officer may stop every car or every fourth car. When stopping the vehicle, the officer will typically ask for your driver’s license and insurance, all while looking for clues of intoxication.
There are many who argue that DWI road blocks violate our Fourth Amendment rights, which protect us from unreasonable searches and seizures. It is for this reason that some states prohibit DWI road blocks. However, the U.S. Supreme Court ruled that the infringement of the Fourth Amendment is overshadowed by the public service these road blocks provide by getting drunk drivers off the road.
The Supreme Court issued guidelines regarding DWI road blocks in order to protect citizens’ rights. In order for a road block or sobriety checkpoint to be legal, it must therefore comply with these guidelines.
The decision to have a DWI road block must be made by department supervisors, rather than the arresting officers. Vehicles must be stopped following a preset formula (i.e., every car, every third car). Public and officer safety is of the utmost importance during a DWI roadblock.
The location of the road block must be based on drunk-driving statistics and the duration of the road block must be limited. There should be warning lights and signs that inform drivers that a road block is up ahead. Drivers should not be detained any longer than necessary. For maximum deterrence, it is also important that the road block location and date be publicized in advance
It is important to note that conviction rates for DWI road blocks are often lower than normal DWI arrests because defense attorneys challenge the constitutionality of DWI road blocks.
If you were charged with drunk-driving after a DWI road block, it is important to contact an experienced DWI defense attorney as soon as possible.
