A DUI checkpoint is something that police use all over the United States to catch drunk drivers on public roadways. Checkpoints are set up on specific streets, usually busier ones. Many drivers think that complying with the DUI stop is optional because there was no probable cause for pulling the driver over; however, the Supreme Court stated that sobriety checkpoints are legal. If you are arrested for a DUI during a checkpoint you should contact a DUI lawyer in Charleston immediately.
What Happens at a DUI Checkpoint?
At a DUI checkpoint the officers will stop cars according to a neutral pattern. They may not make every car stop; however, they can if they choose. Stops should be brief unless you are suspected of being under the influence. Every driver must provide proof of license, insurance, and registration when asked by police officers. Drivers do have the right to refuse a search, take a breathalyzer test, or perform field sobriety tests; however, every DUI lawyer in Charleston will tell you to remain calm, respectful, and remain silent when you can.
How Your DUI Lawyer in Charleston can Get Checkpoint Evidence Thrown Out
Pay attention during your DUI checkpoint stop however because there are a few things your DUI lawyer in Charleston can use to have your checkpoint evidence thrown out including
- Cars were not being stopped at random and driver was targeted for reasons such as gender, race, age, or dress.
- The site was not safe including safety precautions not taken such as proper lighting, warning signs for the checkpoint stop, or officers not in uniform.
- The driver was held for an unreasonable amount of time.
- The checkpoint stops were not in the public’s best interest or were conducted in a way that was ineffective.
Make sure to go over the details of the checkpoint, your citation, or arrest with your attorney so they can provide the best possible defense.
If you a lawyer to fight your DUI case in South Carolina, call The Law Offices of Peter David Brown at 843-806-1090.