Caught Drunk Driving? How to Find a DUI Lawyer

October 17, 2011 By Leave a Comment

By Stu Pearson -

The very moment you get your first car is also the moment you sign on to obey the slue of road laws out there. One of these laws is the Driving Under the Influence Law or DUI, also known as Driving While Intoxicated (DWI). Different states have different definitions of this law but the most important thing to know is DUI law is the one car owners most commonly violate.

Car accidents due to drunk driving have increased in numbers over the year and no matter how strict or lenient the DUI laws are in your state, the consequences are all the same: severe and life-changing.

If you have been accused of breaking a DUI law, you can find a lawyer that specializes in such things to help you with your case. DUI lawyers in your area can be found online and family, friends, or ideally a family lawyer, can also refer you.

Each state has a different legal limit for blood alcohol content level (BAC). But in general, if a motorist’s BAC exceeds .08%, he or she is violating DUI law. Depending on the situation, those convicted of drunk driving can endure punishments that range from a suspension or revocation of a license to a long stay in prison.

The average consequence, at least in forty-five states in America, is that those who have committed DUI offenses are permitted to drive again, but only if their vehicles are equipped with ignition interlocks, sophisticated equipment that tests a driver’s breath for alcohol content.

This device requires a driver to blow into a small handheld alcohol sensor that is attached to the dashboard. As long as the driver’s BAC is a legal percentage, then the car will start – otherwise, it won’t. Occasionally, the ignition interlock will even check a person’s breath while he or she is driving. This clever device allows drunk driving offenders to continue their life and responsibilities, whilst reminding them of their mistakes and forcing them to drive only when sober.

Depending on the age of a DUI offender, punishment and sentencing varies. A qualified DUI lawyer can explain any details and advise you on the legal remedies available.

Never hesitate to contact a DUI lawyer to handle your case; bear in mind that DUI laws are carefully geared to convict violators.

Stu Pearson has an interest in Finance & Business and DUI Lawyer, for more FREE information and articles please visit DUI Lawyer Resources

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Implied Consent Law: Breath or Blood Test Refusals in DUI Cases

October 14, 2011 By Leave a Comment

By Patrick Barone

I refused the test, now what happens?

Michigan’s implied consent law requires that you take a breath blood or urine test upon the lawful request of a police officer. If you refuse, then you will be charged with an implied consent law violation, and will face possible license suspension for one year. Six points will also be added to your driving record. If you have a prior refusal in the past 7 years then your license will be suspended for two years.

The best way to know if you’re being charged with an implied consent violation is by looking at your paper license. It will either be a DI-177 or a DI-93. If it’s a refusal then your paper license will say “DI-93″ in small letters in the upper left hand corner, and indicate on it “report of refusal.” If your paper license does not contain this information, then you are not being charged with an implied consent violation.

If you are charged with an implied consent violation, then in order to save your license you or your attorney will need to make a demand for a hearing, which is called an appeal, within 14 days of your arrest. A failure to do so will result in the applicable license suspension being imposed. You will learn of this suspension by mail. If you or your attorney do make a demand within 14 days, then there will be no license suspension unless and until you conduct and lose your appeal hearing. At the implied consent hearing the police officer will appear and will testify about your refusal.

If the police officer does not show up, you win by default, and your license is not suspended. If the officer does show up, (and they almost always do), then he will have the burden of proof. You appearance at this hearing is not mandatory.

There are only four issues that can be raised at the implied consent hearing. They include the propriety of the stop and the arrest, whether or not the implied consent rights were properly read to you and whether or not you reasonably refused. If you can show that the police officer has not met his burden as to any of these issues, then you will win the hearing, your appeal will be granted. This means that your license will not be suspended.

On the other hand, if the police officer meets his burden of proof relative to all four issues, then your license will be suspended, and the period of suspension will be either one or two years. If yours is a first implied consent violation, then the suspension will be for one year, and you have the right to appeal the suspension, on a hardship basis, to the circuit court. This appeal could result in having restricted driver license privileges restored. If yours is a second implied consent suspension within the requisite period, then your license will be suspended for two years, and there is no hardship appeal. Either way you will have a right to a legal appeal.

Patrick T. Barone is the principle and founding member of the Barone Defense Firm, headquartered in Birmingham, Michigan. The Firm exclusively represents those accused of crimes involving allegations of drinking and driving. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School as well as the author of two respected books including Defending Drinking Drivers (James Publishing) and The DUI Book – A Citizen’s Handbook on Defending a Drunk Driving Case. He is also the executive editor of the DWI Journal: Law & Science. He is also a frequent lecturer and has presented around the country on trial practice and drunk driving defense tactics.

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DUI and Probation

June 1, 2011 By Leave a Comment

By Kevin Stith -

Driving under influence of alcohol or alcohol is a problem that has risen to alarming levels. In fact, a recent survey has bought home a terrible fact that shows that drunk driving claims five lives everyday. A drunk driver faces humiliation, fine, probation, loss of license and the possibility of a prison sentence.

The law is somewhat lenient to first time offenders. Technically, it call for a jail sentence, but first time DUI offenders usually have this sentence suspended and the driver is put on probation. In simple terms, this means that the offender is subject to community supervision. Probation usually lasts one to two years. The offender must obey the judge’s order or the suspension can be revoked. The offender can then face a prison term.

Usually a condition of probation demands that the offender must not violate the law, or drink alcohol. At the same time, it is necessary for the offender to maintain a job. The offender must follow all the regulations laid down for the probation period. This includes reporting to the prison office, usually once a month.

The offender also has to pay the requisite fees including the fine, court expenditure, and monthly probation fees on time. The condition for probation also requires the offender to do community service, which can vary from 24 to 80 hours.

The aim of probation is to educate the offender to the consequences of driving under the influence. This is why it is mandatory for the offender to attend DWI (driving while intoxicated) education classes.

Moreover, Mothers Against Drunk Driving (MADD) has designed an educational program on the dangers of DWI, called “”Victim Impact Panel”". It is mandatory for an offender to attend these classes to get acquainted with the dangers involved with driving under the influence of alcohol.

Los Angeles DUI Lawyers provides detailed information about Los Angeles DUI lawyers, driving under the influence, DUI and fines and more. Los Angeles DUI Lawyers is affiliated with Florida DUI Attorneys Info [http://www.e-floridaduiattorneys.com].

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DUI Charge? Can the Best DUI Lawyer Get the Charges Dropped?

August 6, 2010 By Leave a Comment

By Shelby Wallace

When it comes to DUI charges, you truly do need the best lawyer your money can buy.

Every state is becoming more strict and most are adding mandatory minimum sentences. Even if it happens to be the first time you have been arrested for driving under the influence, expect your life to change dramatically.

A friend of my family recently had a tragic family event occur and rather than deal with it in the appropriate manner, he chose to drink and drive. We live in the Seattle Washington area and here, the laws regarding driving under the influence or “DUI”, are very strict. Everyone who was with him that evening decided to take a cab and they were not able to retrieve the keys away from him. A few minutes after they left to hail a taxi, he was pulled over by the police. He now faces a two year suspension of his driving license and possible jail or home confinement with a ankle bracelet monitoring device. Those are just to start with. I was able to attend his first meeting with the DUI lawyer he selected. I told him I wanted to learn more about lawyers and how they handle DUI cases. I also wanted to learn about their fees and mandatory minimum sentences for our specific state, Washington. DUI laws vary according to what state you are charged in.

Each lawyer specializes in the laws in his or her state. It is true that most states now have mandatory minimum sentences for DUI offenders, even first timers. Our friend contacted and met with several lawyers and the minimum cost was around five thousand dollars. If the case ends up in a trial, it could cost even more. This says nothing about the effects on the offenders family, job and social life. In Washington state, your drivers license is suspended before you are even convicted. If you don’t have an attorney, you are looking at very serious consequences that you may not face if you hire the right DUI lawyer.

If you don’t have a very good lawyer that specializes in defending DUI cases, you can almost certainly forget about getting the charges filed against you dropped. You definitely need to find a way to obtain the best lawyer that specializes in this field.

Plan on paying a heavy price both financially and emotionally if you are convicted of driving under the influence. Your only hope is having the very best defense and an expert who wins cases similar to yours. Use the Internet to find the very best lawyer. Search forums and reviews for lawyers in your specific state and or county. The difference between doing this and nothing could mean the difference between incarceration and freedom.

I am now developing resources on my website for people charged with a DUI as well as resources for friends and family members. Please visit my site to learn more and find the best lawyer for the charges you, your friend, or your family member now must face.

Shelby Wallace is the author of this article. Please visit [http://dui-dui-lawyer.com] to find additional resources for you, your family member or friend. Find the best DUI lawyer in your particular state or city. Find listings of local AA meetings or other support groups in your area.

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A Criminal Attorney Can Help

July 28, 2010 By Leave a Comment

By Anna Woodward -

When a citizen has been accused of a crime, he or she should find a reputable criminal attorney as soon as possible. There are different kinds of lawyers who specialize in an array of legal matters. Examples include those who deal with business, taxes, real estate, family matters and those who deal with criminal matters.

The legal eagles who deal with business and tax matters are often employed by corporations and wealthy individuals. Business and tax laws are complicated and intricate so it takes a certain type of meticulous and detailed oriented professional to handle these issues.

Real estate lawyers often handle complex contracts, foreclosure issues, title problems and the like. This is also an arena best dealt with by matter-of-fact, introspective pros.

Attorneys that focus on family law will have lots of face time with an array of people so need their legal toolbox to be stocked with social finesse. Custody issues, dissolutions of marriage, grandparent rights, spousal support and other family legal matters will be addressed by law firms that specialize in family law.

A criminal attorney is a different breed. They must be skilled in investigation, which may include hiring a private detective to gather up evidence, adept at witness interview, maneuvering through complex court system mazes and have enough charisma to sway those sitting in the jury box. There are many kinds of crimes that citizens may be accused of. It is imperative that they seek the representation of a talented and seasoned lawyer. Some of the crimes a person may be charged with include:

- Violence: There are many types of violence that a person may find themselves charged with. Murder, manslaughter, terrorist threats, domestic abuse and hate crimes, all of which have serious implications that a lawyer must step in to offer expert advice and guidance as soon as possible.

- Drug and Alcohol: Driving under the influence of either drugs or alcohol can have devastating ramifications to one’s life. Other crimes associated with drugs and alcoholic beverages may include possession, selling, trafficking, and manufacturing.

- Theft: A person may be accused of stealing a variety of property, both tangible and intangible. Examples of tangible goods commonly stolen include money, jewelry, electronics equipment, tools, automobiles and art. Theft may occur during shoplifting, burglary, armed robbery or purse snatching. Intangible goods that may be stolen include intellectual property, such as ideas, formulas or company secrets. White collar crimes that fall into this category include embezzlement and computer hacking to gather private information.

When a citizen finds themselves accused of any sort of crime, they need to seek the guidance of a reputable criminal attorney as soon as they possibly can. If they can’t afford one, the courts will assign a public defender to their case.

There are many crimes that a Beverly Hills criminal attorney can help address. For more information visit http://www.gunsberglaw.com

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Criminal Attorney – Your Guide Through the DUI Process

July 27, 2010 By Leave a Comment

By Abraham Avotina -

No one expects to be arrested for driving under the influence. However, sometimes a night out with friends often leads to over indulgence and you get pulled over for drinking and driving. It can be hard to deal with the thought of going to court paying fines and losing your license but these are the consequences of this mistake. Many people don’t want to have to deal with the money it will cost to pay a criminal attorney and would rather just get everything out of the way as quickly as possible. This is a mistake. The benefits that retaining a good lawyer will reap for you are well worth the time and money you invest in working with him.

First of all, in many jurisdictions the penalty for DUI is jail time plus a substantial fine. This is often in addition to court ordered substance abuse evaluations and treatments. A good criminal attorney will work to not only lower the fines that the court imposes but will almost always be able to help you avoid serving jail time. This is no small thing considering the average fine for DUI is close to $5,000 and jail time for a first offense is in the neighborhood of 90 to 180 days. These penalties go up for each subsequent conviction and you could end up facing five years in prison. Factor in the cost of all the other things like an interlock device and insurance premiums and the fee for hiring a good criminal attorney is much more reasonable.

Beyond jail time and fines the biggest penalty of being convicted of drunk driving is that almost without fail you will lose your license. Most states have implemented zero tolerance policies when it comes to DUI and that means that if you are over the legal limit, even if you are not convicted you can lose your license for at least six months. For most people not driving is not an option. Our lives rely on our ability to get to and from our duties in a timely manner. The loss of driving privileges will cripple most people’s daily lives. Fortunately a good criminal attorney is often able to save your license and keep you on the road.

More than any one thing the benefits of having a good criminal attorney add up a necessary ally in this difficult situation. Beyond defending you in court he will help you understand what is going on and work to avoid a trial altogether. Often he is able to reduce the charge or have it dismissed. As a last resort he will go to the bat for you in a trial and hopefully win the case. Regardless of the outcome however you will want someone qualified and familiar with the process by your side as you try to navigate this often confusing and frustrating situation.

If you need a criminal attorney in Milwaukee you need to make sure you get someone qualified to represent you and dedicated so their job, please see: http://www.birdsall-law.com.

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DUI and DWI Part 1 – Booking, Arrest, and Bai

July 11, 2010 By Leave a Comment

By Ken LaMance

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ARREST

An “arrest” in strict legal terms occurs when a person has been placed under police custody and no long feels they have the freedom to move around or leave the area. An arrest occurs when you are under the authority of the officer. Therefore, an arrest has occurred if you are handcuffed or if you are placed in the back of the police car; but it also could have occurred without the use of any physical restraints at all. If the officer tells you that you are under arrest and at that moment you feel you cannot leave the area, legally speaking, you are in fact under arrest, even without those restraints.

Once the police officer pulls you over he can arrest you if he actually observed you committing a crime, if he has probable cause to believe that you committed a crime or if he has a warrant for your arrest.

Officers will pull over drivers on suspicion of DUI/DWI when they observe that person driving erratically, but these arrests also occur when an officer pulls people over for speeding, expired registration tags, broken headlights/taillights. Some arrests occur after unfortunate accidents or at sobriety roadblocks or check points.

Once the officer has pulled you over, he will often administer a breathalyzer test or have you conduct some “field sobriety tests.” If you blow a.08% blood alcohol level or above, most state laws consider this result sufficient cause for arrest. If you blow below a.08% blood alcohol level you may still be arrested if the officer suspects that you are so under the influence that your ability to drive is impaired. (If the officers do not have breathalyzers, they may issue a test via urine or blood sample once they take you to the police station for booking.)

Some officers are not equipped with breathalyzers and conduct a variety of “field sobriety tests” that they have been trained to administer. These tests include things like walking a straight line or standing on one foot. These tests are not designed to humiliate you, but to determine whether you are fit to drive.

If you think that your arrest was not properly conducted, it could be that the procedure was done unlawfully.

BOOKING

Once you have been arrested on suspicion of DUI or DWI the officer will take you to a central location where you will be “booked.” Booking is an administrative process during which the police officer will record specific information and perform other administrative tasks.

These administrative tasks include:

  • Recording the suspect’s personal information
  • Recording the facts and circumstances of the suspect’s alleged crime
  • Searching for and records any information on the suspect’s possible past criminal activities
  • Photographing and fingerprinting the suspect
  • Searching the suspect, confiscating any personal property (i.e. wallets, purses, jewelry, keys, etc.) and inventorying it for return upon the suspect’s release
  • Placing suspect in holding cell at the police station or in a local jail where they will be held unless they are released on bail

BAIL

This process is generally available for those who wish to pay money in order to be released from custody. As a requirement of your release you must promise to appear for all scheduled court proceedings; this includes your arraignment, preliminary hearing, pre-trial motions and the trial.

Bail may be available immediately after booking. If not, it will be up to a judge or magistrate to decide whether to allow the suspect to be released on bail.

The amount of the bail payment can be a set amount or it could be based on the suspect’s past criminal record (and prior DUI/DWI offenses), the seriousness of the suspect’s offense in this instance (are there any injuries? property damage?), or even the suspect’s ties to the community (i.e. family, employment, community).

If you or your family cannot afford the bail payment you can contact a bail bond agency which will post a bond on behalf of the individual with the promise that the entire amount will be paid should you (the suspect) fail to appear as you promised. The bond agency will charge a fee for this service, usually around 10% of the bail amount.

Sometimes a judge will decide to release a suspect on their “own recognizance,” without the need for any bail payments, but with some restrictions attached. Such restrictions would include an order to remain in the area while the case is proceeding. The judge will consider the factors listed above to make this determination.

If you are released on your own recognizance and do not appear at your court dates you can be arrested immediately. A word to the wise – attend ALL your court dates.

Ken LaMance is the Corporate Counsel for LegalMatch.com in South San Francisco, California. LegalMatch ( http://www.legalmatch.com/ ) is fast, free, and confidential. LegalMatch is America’s original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer’s case to LegalMatch lawyers in their city or county based on the specifics of the consumer’s case, lawyer’s location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums on nearly every topic.

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Drunk Driving – 3 Myths About Alcohol and Impaired Driving

July 9, 2010 By Leave a Comment

By Wayne A. Campbell

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In just about every part of the world, driving under the influence of alcohol is viewed as a very serious offense. Depending on where you live, the consequences can be absolutely life changing if you end up with an impaired driving charge. Yet our society includes the use of alcohol and of course, the majority of us enjoy a drink at least on occasion.

Years ago, driving while impaired was not seen as being as serious an offense as it is today. Often, a police officer would let a driver off with a warning or follow them home to make sure they arrived safely. However, in the 1980′s, attitudes toward driving after drinking changed and along with those changes, legal penalties.

Yet many continue to drink and drive. Perhaps because of the following myths that are still widely believed by some:

Myth #1 – Experienced Drinkers Have A Higher Alcohol Tolerance

While it is true that those who drink more heavily than the average seem to have a higher tolerance to the effects of alcohol, it has no bearing on what your blood alcohol concentration (BAC) will be. It may take an experienced drinker 4 or 5 drinks to feel the same effects as what 1 or 2 would have on a person that has less experience with alcohol. However, any amount of alcohol will begin to affect reflexes and judgment. As well, even though the uninhibited feelings are not as present, the alcohol in the blood stream is still present.

Myth #2 – You Can Beat The Breathalyzer

Over the years, there have been many different ways published and discussed that are supposed to help beat a breathalyzer test. These have included such ridiculous suggestions such as sucking on a penny, chewing a mint, licking tinfoil or sucking batteries. None of these methods will have any affect on the reading of an alcohol breath machine.

There may be some truth to the suggestion that if you take several deep hyperventilating breaths prior to blowing into an alcohol breath machine that the BAC reported will be lower, but there is no guarantee. Besides, you’ll get awfully dizzy!

Myth #3 – One Drink An Hour Is Safe

Perhaps one of the biggest myths of all, and the one that in believing it has caused the most damage to drivers who also enjoy social drinking is that a drink an hour will not impair you or cause you to exceed the legal limit of blood alcohol concentration. So many people believe that if they pace their alcohol consumption and keep it at no more than one drink an hour, they will be fine. This is simply not true.

In most jurisdictions, the legal limit of blood alcohol concentration is 0.08, or 80 mg. It’s a measure of how much alcohol is in the bloodstream. There are many factors which will determine how fast alcohol will get into the bloodstream and how long it will stay there for. It is impossible to account for every single factor and many people are dumbfounded to discover they have been driving impaired.

The only way to know for sure that there is no alcohol in your bloodstream is to simply not drink for at least 24 hours before you drive.

But many of us do drink and then drive. Can we know for sure what our blood alcohol concentration is? Read my story and find out how you can know for sure if you are legally impaired or not.

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DUI Stop – Your Choices From a DUI Attorney

July 3, 2010 By Leave a Comment

By Demitri Dopolous

You are being stopped by a police officer Your first instinct is think to yourself that you weren’t speeding, but then it dawns on you that you might have more trouble than just a traffic ticket. The officer comes to your window and asks for your license and registration. He then asks you to step out of the car, since he smells a strong odor of alcohol on your breath. He suspects you of DUI and wants you to take some tests. What do you do now?

It is important to note that, in a DUI case, opinions about the incident are gathered at the scene by police officers. Once you have been stopped, there are several different types of tests you may be asked to take. At the scene, there are field sobriety tests and the field breathalyzer test. If the driver fails those tests, or refuses to take them, he or she is usually then arrested and taken to the police station, where a subsequent blood alcohol content test is given. This last test can be through the breath, blood, or urine method. The purpose of all these tests is to determine the level of the subject’s alcohol impairment, including blood alcohol content, whether the subject is able to drive safely, and whether the subject is DUI.

The following are your basic choices when pulled over for suspected DUI:

1) Refuse all tests.

Many people refuse all tests, and ask for their attorney to be present. Usually this occurs when the subject knows he or she is driving under the influence of alcohol and will fail any test given. While the field sobriety tests are generally optional, depending on the jurisdiction, most states have laws of implied consent. An implied consent law reflects the consent of anyone who obtains a driver’s license to take an alcohol test (whether breath, blood, or urine) upon being arrested. Refusal to take such a test will ordinarily result in the automatic license suspension and, in some states, incarceration.

2) Refuse the field sobriety tests.

Initially, the officer will want to administer the field sobriety tests. These tests include standing on one leg, walking a straight line, and nystagmus testing, among others. Each test is designed to give the officer some insight into the sobriety of the subject. In addition to observing how the driver behaves, speaks, and walks during these tests, the police officer will study the demeanor of the subject. Field sobriety tests are generally optional.

3) Consent to the field breathalyzer.

While blood tests and urine tests are often administered at the police station subsequent to arrest, they have proven to be unreliable in the field. Enter the breathalyzer, which measures blood alcohol level through determining alcohol on the breath. There are several types of breathalyzer devices, including the breathalyzer, intoxilyzer, and alcosensor, each utilizing a different method of testing. Usually, the field breathalyzer is optional as well.

4) Consent to all tests.

Despite all the DUI literature out there advising otherwise, many people consent to all tests, for various reasons. It might be because they don’t know any better. Or it might be that they know they did something wrong and feel as though they should be punished. No matter what the reason, taking all tests will result in the most evidence against the driver in the DUI case.

5) Consent after refusal.

In many states, there is a certain period of time after the driver is stopped in which the tests must be administered. Some of those states allow you to consent all the way up to the end of that time period. So if you are an intelligent person, or are great at anticipating things, you may be able to time it just right so that you give yourself the maximum amount of time before taking the test.

So what should you do? It really depends on the specific laws and statutes of your jurisdiction. Each of the tests have different consequences, and those consequences vary by state. It is also important to understand that, in many jurisdictions, the driver can still be convicted of DUI without taking any tests. Therefore, you need to learn the laws of your state before making an informed decision.

DUI laws vary from state to state, and you should consult with an attorney if you receive a DUI citation. If you are in need of help for a DUI in Maryland or Virginia, contact a Maryland DUI attorney or Virginia DUI attorney.

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DUI Checkpoints

June 8, 2010 By Leave a Comment

By Andrew K.

What is a DUI Checkpoint?

A DUI Checkpoint is a tool used by law enforcement to prevent drunk driving. The goals are two-fold: to stop drunk driving before it starts, and to remove drunk drivers from the road. By publishing the Checkpoint in the local paper, law enforcement hopes that people who drink will simply stay off the road. However, for those who decide to take their chances, the Checkpoint is designed to identify and remove them from the road before an accident can occur. The big question many people ask is whether it is legal for law enforcement to conduct a Checkpoint. The answer is “yes” as long as the police follow the appropriate procedures.

What procedures do police have to follow do set up a DUI Checkpoint?

This question is important because all people have a Constitutional Right to be free from illegal search and seizure. Normally, this means an officer must have “reasonable suspicion” to make a stop, and “probable cause” to make an arrest. But with DUI Checkpoints, people are stopped even though officers have neither of these. So how can they do this without violating the Constitution? By following judicially created guidelines to ensure that the Checkpoints are conducted with as little intrusion as possible.

Generally, there are eight (8) guidelines that law enforcement must adhere to in order for the DUI Checkpoint to be legal. They are as follows:

(1) The decision to set up the Checkpoint must be made at the supervisory level: This is to ensure that some rogue officers do not just decide to set up a makeshift checkpoint outside a bar to catch some unsuspecting people.

(2) Limits on discretion of field officers as to who is to be stopped: If you pay attention, you may notice that at a checkpoint, they usually only stop every 3rd or 4th car. The frequency of the stop is predetermined to avoid any bias on the part of the individual officer.

(3) Maintenance of safety conditions: DUI Checkpoints have to be clearly marked with safety cones to protect the safety of both the officers and the drivers being stopped. The area must also be well lit.

(4) Reasonable location of the checkpoint: Law enforcement set up a DUI Checkpoints in areas where previous DUI arrests are known to be common. This indicates to officers that this is a place where people are commonly found to be driving drunk.

(5) A reasonable time and duration of the checkpoint: DUI Checkpoints can only last a few hours so that the general intrusion on public privacy is protected.

(6) Roadblock must look official: The roadblock for a DUI Checkpoint must have sufficient signage and markings so that there is no question it is an official DUI Checkpoint as opposed to something makeshift.

(7) The length and nature of the detention: Once a person is stopped at a roadblock and asked for their identification, that “detention” must not take any longer than necessary for the officer to check the information requested. If, during that time, the objective symptoms of intoxication are not present, the officer has to let the person move on.

(8) Advance publicity regarding each checkpoint: Usually, law enforcement must publicize the fact that they are going to conduct a DUI Checkpoint. This helps in the “deterrence” aspect of the operation.

The foregoing guidelines are just that: guidelines. However, be aware that if law enforcement neglects to do one of them, that does not necessarily mean the Checkpoint was illegal. That would have to be argued to the court to see if the omission of one of the guidelines rose to the level of a constitution violation. While many might not like these Checkpoints, they are an important tool to identify those who insist on driving drunk.

For more information about issues relating to drunk driving, the law, and how it affects you, please visit http://www.driving-drunk.org.

Article Source: http://EzineArticles.com/?expert=Andrew_K.

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