In New York, sobriety checkpoints are a legal and valid form of law enforcement. These checkpoints are set up at random points throughout the state. There is no rhyme or reason as to when law enforcement will decide to turn up at a sobriety checkpoint; therefore, if you have been arrested, it is imperative that you consult with an experienced White Plains DWI lawyer to help you fight the accusations made against you.
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.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 right not to have an unreasonable search and seizure performed.
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 so intrusive to driver at 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 White Plains DWI attorneys, we can look closer into the matter to determine whether or not the officer acted lawfully during the arrest.Are You Facing Charges?
Tilem & Associates, PC have a proven record of finding success for our clients. We are highly experienced and have built a formidable reputation as some of the most skilled trial lawyers in the area. If you have been accused of DWI while 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.