With the summer fast approaching, people in New Jersey will be heading out on vacations, to concerts, sporting events and gatherings. They might choose to drink alcohol when doing so. The Garden State is serious about catching people who are operating motor vehicles under the influence.
One tactic that is used relatively frequently is a DUI checkpoint. These are often questioned for their constitutionality and whether they violate a person’s rights. Across the nation – including in New Jersey – these stops are legal. Still, there are rules that must be followed. Those who are arrested for DUI due to a checkpoint should be aware of their options to combat the charges.
What factors must be in effect for a legal sobriety checkpoint?
Simply because law enforcement is allowed to set up a sobriety checkpoint does not mean that they can make an arrest without adhering to the rules. The state must give advance notice of the checkpoints, so drivers know they are there.
There might be certain areas where people are known to drink alcohol and could use specific roadways. Or there could be a location where DUI is a problem. The checkpoint might be set up in these spots. It cannot be set up without providing notice.
The decision as to which cars are stopped must be based on a system. For example, they might stop every fifth vehicle. As long as they do not deviate from this number, then it is constitutional. A common complaint from drivers subjected to traffic stops is that they were profiled in some way. An officer who is believed to have made the stop based on stereotypes will have violated the rules making it possible to challenge the stop and arrest.
Drivers must also understand that they have the right to turn to avoid the checkpoint provided it is done according to the law. An illegal U-turn would justify a traffic stop. But if they are allowed to make a left or right turn, it is allowed without officers stopping the driver.
A DUI arrest can be challenged regardless of the circumstances
The fundamentals of a DUI arrest remain the same whether it happened at a checkpoint or not. The driver will be asked to take a breath test, the officer will look for hallmarks of intoxication, and an arrest will be made if there is evidence of a DUI.
However, there are strategies to fight the charges. If the rules of a checkpoint were violated, a breath test was faulty, the stop was unjustified, having professional advice to craft a criminal defense can be helpful.