Why DUI Checkpoint Are Unconstitutional

dui20_250x167A DUI checkpoint is regarded as unconstitutional for several reasons:

1.     DUI checkpoints infringe upon all U.S. Citizen’s Fourth Amendment Rights, which state that all individuals have the right to be safe from invasion, search or seizure in their homes or “effects”, without probable cause, and without a valid warrant.

2.     The Fifth Amendment would make such setups self-incriminating to someone who is asked whether they were drinking or not. The good news however, is that California residents are in no way required to answer this question.

Furthermore, many lawmakers argue that the good outweighs the bad when it comes to Sobriety Checkpoints. This two-edged sword that protects and intrudes at the same time is said to help reduce the amount of drunk driving – and consequently accidents. This is especially true during holidays or occasions where alcohol intoxication is standard.

At the same time, the Supreme Court does not turn a blind eye to citizen’s rights. To make the DUI checkpoint less intrusive, law enforcement officers conducting these are required to notify the public when these will be taking place. Locations are not required in this release, but are typically in areas where drunk driving is high. In addition, the check should be quick and to the point, with a supervisory officer present.

To make profiling of drivers a non-issue, a mathematical sequence is also used for stopping drivers. This could include every third car, every other car, and so on – for illustrative purposes.

If however a driver is arrested for DUI, and these requirements were not executed by law enforcement, the case can ultimately become inadmissible in court.

If you or someone you know has been arrested for DUI at a checkpoint, the DUI defense attorneys at the Law Offices of Randy Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (888) 250-2865.