Roadblocks and checkpoints are commonplace in many countries as a way to control crime, and in the United States the use of DUI checkpoints is becoming more common. Along with the increased use of DUI checkpoints comes a flurry of questions, about what you should or should not do if you are stopped at a checkpoint and what makes a checkpoint valid. A lot of myths are making the rounds on the internet, so your best approach is to educate yourself so you are armed with accurate information if you come face to face with an officer at a DUI checkpoint.
First and foremost it is important to keep your composure if you are stopped at a checkpoint, by staying calm and polite. Beyond that, here are three DUI checkpoint truths to know:
- You can assert your right to an attorney, but it is likely you will have to answer a few questions first. Keep your answers to these questions short and to the point, and then make your request for an attorney.
- In order for a checkpoint to be valid, it has to be known to the public. This is usually done by some sort of media broadcast containing the place, date, and timeframe for the checkpoint.
- An arrest that is the result of a checkpoint cannot be one that is considered “profiled”, meaning the drivers questioned have to be diverse. It is not permissible to pull over only men or only women, or only drivers that fit a certain racial profile.
If you are questioned at a DUI checkpoint and arrested for DUI, the type of punishment you receive will depend on the facts of your case. One factor that weighs heavily on the Court is whether this is your first offense, or if you have been arrested for DUI in the past. First time offenders are more likely to receive probationary terms that are less severe, but that does not mean a repeat offender does not stand a chance at a solid defense. For help with your case, call our office and let us develop an effective defense. Call one of our experienced DUI defense attorneys today for help.
For more information about DUI cases, call us. Contact our office today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.