Many states set up DUI checkpoints to deter drunk driving. This allows police the chance to assess the condition of passing motorists and determine whether there is a need to administer sobriety tests. The following is a short guide detailing what a DUI involves including the standard protocol and how a defense attorney may be able to help you if needed.  

What is a DUI Checkpoint?

At DUI checkpoints, police officers set up roadblocks to randomly stop passing motorists. They might pull over every third car, for example, to determine whether the driver is impaired. These checkpoints are typically set in high-traffic areas on weekends, holidays, late nights, early mornings, and other times when there’s an uptick of drunk drivers on the road. 

What are the Relevant Laws? 

When a motorist is stopped at a DUI checkpoint, the only requirement is to cooperate with the police officer. The driver does not have to give detailed answers that could be incriminating. If the state follows the implied consent law, it means a driver’s consent to a breathalyzer test is automatic through owning a license. Refusing the test could result in a DUI arrest and license suspension. 

If a motorist feels their constitutional rights are violated during a DUI checkpoint arrest, a defense attorney could help. A counselor will review the charges and ask about the interaction with the police officer. A defense attorney will also reach out to the police department to determine whether the checkpoint was reasonable and followed state-mandated guidelines. The record of the arresting officer will also be subject for review of any biases.

What is the Procedure?

The driver is asked to roll down the window and provide their license, proof of insurance, and registration. The police officer will check the information for warrants and ask questions to determine whether the driver slurs their speech, alcohol is on their breath, or there’s any other reason to believe they’re intoxicated. If so, the officer will ask the driver to perform a field sobriety test. If they fail the test, the officer can administer a breathalyzer test to determine the driver’s blood alcohol content. If it is above the legal limit, the officer will arrest the motorist.  

If you need legal representation after a DUI checkpoint arrest in Butler County, OH, contact Michael A. Newland Esquire. Since 1989, the Hamilton-based defense attorney has been helping clients navigate criminal law matters in the Ohio court system. He will work to get the charges reduced, or the case dismissed. For a consultation, call (513) 887-9595. Visit the criminal attorney online for a closer look at his qualifications. Find advice to get your driver’s license reinstated on Facebook.