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Checkpoints are mandatory traffic stops in which police check to ensure motorists are not driving under the influence. They are sometimes set up at random, but more often they are established on specific days where drinking is more common, like holidays or long weekends, or at particular points around venues where alcohol is served, such as concert arenas or stadiums. Below, the DWI law attorneys at MacVean, Lewis, Sherwin & McDermott, P.C., in Middletown, NY, share three things to know about DWI checkpoints.

3 Important Aspects About DWI Checkpoints

1. They're Legal

DWI lawIt's not unusual for some motorists to become angry or upset that they are being stopped at a checkpoint; they often question the constitutionality of these stops. DWI checkpoints are perfectly legal. The U.S. Supreme Court has weighed in on this issue, and so long as proper procedures are followed, law enforcement has the right to stop you at a checkpoint. Knowing this, you can conduct yourself civilly throughout the stop; if you feel your rights were violated, get the officer's name and badge number, and follow up later.

2. There Must Be Probable Cause to Search Your Car

The U.S. Constitution protects you from unwarranted search and seizure. Even though DWI checkpoints are legal, they are not open invitations for cops to search your vehicle. If an officer wants to search your car, they must have probable cause to do so. If you're stopped at DWI checkpoint and an officer wants to search your vehicle on the inside (they legally can look through your windows from the outside), you have the right to know why. Ask politely on what grounds they want to search you, and if none exists, you do not have to agree to the search.

3. There Is Protocol That Must Be Followed

DWI checkpoints have to be conducted in full accordance with the law. This means that specific protocol must be followed at all times. When you are initially stopped, police look for one of three indicators of intoxication: open alcohol containers/smell of alcohol or drugs, bloodshot or watery eyes, or slurred speech. If any of these are present, they can administer a breathalyzer or a field sobriety test. If you fail either of these tests, you still may be able to fight the charges against you — a DWI law attorney will help you explore your options.

If you received a drunk driving charge, MacVean, Lewis, Sherwin & McDermott, P.C. are the DWI law attorneys to call. For more than 130 years, they have been offering the Hudson Valley their services as criminal law attorneys, divorce lawyers, and commercial litigation professionals. Call (845) 343-3000, visit them online, or contact them on Facebook to arrange a consultation.

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