Legality of DUI Checkpoints
At particular times throughout the year, police will set up DUI checkpoints around the city. These checkpoints generally happen around the holiday time, because people tend to drink a great deal more alcohol during the Christmas, July 4th holiday and Thanksgiving. The goal of the DUI checkpoint is to catch drivers whose blood alcohol level is over the legal limit. A field sobriety test can be administered if an officer suspects you are legally drunk.
Are Checkpoints Legal?
There has always been a question surrounding the legality of these checkpoints in terms of whether or not a driver’s rights are being violated. The argument has always been over DUI checkpoints and the rights of the individual who have not been drinking or driving. Even more specific to the point is the issue of probable cause.
In a 1990 Supreme Court decision, it was determined that cops must have a reasonable suspicion of probably cause before performing a search and seizure. If you feel that you have been stopped for DUI and illegally searched or detained, you should seek out the advice of a Tulsa DUI attorney today. Only a skilled attorney can give you an assessment of your rights and offer you a proper defense.
The Fourth Amendment to the Constitution outlines the defense against illegal search and seizure. In most cases, an officer must have a search warrant to legally search a person’s property. But this is not always the case. Under certain circumstances, search and seizures can be conducted without warrants. If an officer of the law has probably cause, it can happen. Although a field sobriety test is voluntary, you could also face dire consequences if you refuse.
We Can Help
Issues with DUI checkpoints can be pretty complex. If you are dealing with DUI issues and need help, call a Tulsa DUI attorney as soon as you can. Only they have the knowledge and experience to help defend you.
