DUI Defense: When DUI Arrests Happen at Sobriety Checkpoints (Part 2)

Injury and Accident Attorneys Serving St. Louis, Nearby Missouri, Fairview Heights, and Nearby Illinois

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If police fail to have a nondiscriminatory method of stopping cars at sobriety checkpoints, any resulting DUI arrests could be thrown out of court due to this illegality.
If police fail to have a nondiscriminatory method of stopping
cars at sobriety checkpoints, any resulting DUI arrests could
be thrown out of court due to this illegality.

Continuing from DUI Defense: When DUI Arrests Happen at Sobriety Checkpoints (Part 1), the following is some additional information regarding sobriety checkpoints and their role in DUI defense cases. While Part 1 of this blog focused on the importance of working with an experienced DUI defense lawyer when DUI arrests occur at sobriety checkpoints, here in Part 2, we will focus on the specific legalities that police must follow when operating these checkpoints.

According to the Supreme Court, sobriety checkpoints – and associated DUI arrests – are only considered to be legal if:

  • The checkpoint is set up at a specific location for a discrete amount of time (i.e., police have to have established ahead of time how long they will be operating the sobriety checkpoint, and they must stick to this schedule).
  • Police have a nondiscriminatory method of stopping cars (e.g., they can stop every car, they can stop every third car, etc.).
  • When changing the method of stopping cars due to, for example, weather conditions, police record the new nondiscriminatory method they will use, and they document why the method has been changed (as well as what time the method was changed).

St. Louis DUI Defense Lawyers

If you have been arrested for or charged with a DUI, contact the St. Louis DUI defense lawyers at Brown & Brown Attorneys at Law. We have a long-standing commitment to serving our clients, and we are experienced at aggressively defending our clients’ rights in any legal setting. Our goal is to preserve and promote the rights and welfare of individuals and families who have suffered injuries and losses and/or who need help navigating through the complexities of the court system.

Since 1993, our lawyers have been successfully representing our clients in various areas of DUI defense and personal injury litigation. Our unwavering dedication to the pursuit of justice in every case we handle means that we will work relentlessly to help our clients achieve the best possible outcomes to their cases. For a free initial consult, email us using the form at the right-hand side of the screen and/or to call us at 573-333-3333 for our Missouri office or at 618-888-8888 for our Illinois office.

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