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In New York, sobriety checkpoints or DWI checkpoints are a legal and valid tool commonly used by law enforcement. These checkpoints are set up at random points throughout New York state. There is little to no advanced notice as to when or where law enforcement will decide to set up a sobriety checkpoint; therefore, if you have been arrested, it is imperative that you consult with an experienced New York DWI lawyer to help you fight the accusations made against you.
Our lawyers have experience fighting DWI and related charges throughout New York City including Queens, Brooklyn, Manhattan and the Bronx and Westchester including Harrison, Yonkers, White Plains, Greenburgh and Bedford.
To request a free case consultation, contact Tilem & Associates, PC. We have been defending clients for decades, and possess more than 25 years of experience in fighting and defending DWI cases.Are DWI Checkpoints Legal?
There is no legislation that outlaws sobriety checkpoints, although all law enforcement officials must still obey the local, state, and federal laws with regards to making an arrest. This includes a citizen’s constitutional right not to have an unreasonable search and seizure performed. A DWI lawyer in Queens or elsewhere can help protect your rights.
DWI checkpoints are valid so long as the following rules are obeyed:
- The public is notified in advance that there will be a checkpoint posted and a reason
- The checkpoint should not be intrusive to driver to an “impermissible degree”
- There should be fair and adequate warning that a checkpoint is upcoming, such as by using signs and warning lights
- The police cannot keep a driver at a checkpoint for a period of time that is unreasonably long
- Police must use a random and pre-set formula for choosing which cars to stop
- A supervisor for the law enforcement officials should be present at the checkpoint to oversee the stops.
The motives behind creating a sobriety checkpoint is to prevent a drunk driving accident from occurring, and not so much to penalize drivers. However, if a driver does display signs of intoxication and the officer has determined that it is legally viable to arrest someone under this suspicion, then they can arrest someone for DWI. As DWI attorneys, we can look closer into the matter to determine whether or not the officer acted lawfully at the checkpoint and during the arrest.Are You Facing Charges?
The lawyers at Tilem & Associates, PC have a proven track record of finding success for our clients. We are highly experienced in fighting DWI, DWAI and DWAI drug cases and have built a formidable reputation as some of the most skilled DWI attorneys in Manhattan, Queens and the surrounding area. If you have been accused of DWI or a DWI related crime after being stopped at a sobriety checkpoint or roadside stop, please contact us right away to discuss your legal options.
Call us today to schedule a free case consultation with a New York DWI attorney.