A driver may be arrested for driving under the influence (DUI) at almost any time on the road if the police have reason to believe that the driver is intoxicated. One method the police employ to apprehend drunk drivers is to set up checkpoints. While you may be arrested at a checkpoint, you can challenge your DUI with the help of a lawyer.
DUI checkpoints must adhere to specific rules and legal procedures. If the police fail to follow the rules when they arrest you for a supposed DUI, we may be able to challenge the DUI in court. If there is nothing legally wrong with how the checkpoint was conducted, we can still challenge the DUI on grounds that are common across cases, such as faulty chemical testing equipment or a lack of probable cause to arrest.
If you were arrested at a DUI checkpoint, ask our Philadelphia DUI defense lawyers for a free case review by calling Kenny, Burns & McGill at (215) 423-5500.
How Can I Challenge the Results of a Pennsylvania DUI Checkpoint?
DUI checkpoints must adhere to certain legal rules and procedures. If they do not, the results of the checkpoint, including your arrest, may be challenged in court.
The Checkpoint Was Not Legally Valid
When setting up a DUI checkpoint, the police must follow certain rules. First, they must be able to identify a clear need for the checkpoint. For example, the police might set up a checkpoint at a particular location because there has been a noticeable increase in drunk-driving incidents on Friday and Saturday nights at that location. If no such need exists, the checkpoint should not be set up.
Also, the police must publicize the checkpoint in advance. Usually, a notice in the newspaper or on the local news TV station is sufficient. However, if the public is not warned in advance, the checkpoint should not be set up.
Lack of Reasonable Suspicion
Even if the DUI checkpoint is totally legal and valid, the police still must have “reasonable suspicion” to investigate you for a DUI. Typically, police officers at a DUI checkpoint will quickly ask drivers a few questions and, if no signs of intoxication are present, let them go. However, if any signs of intoxication are found, the police may ask the driver to pull over for further investigation.
The police must have enough evidence to establish reasonable suspicion to actually pull you over at a checkpoint. If there was no evidence of intoxication, but you were still pulled over, tell your lawyer.
Unreliable Chemical Testing Results
If you are arrested, the police may ask you to submit to mandatory chemical testing. The results of chemical testing are often necessary to scientifically prove that the driver was intoxicated. However, chemical testing equipment is not always reliable, and the results may be questionable. If our DUI defense lawyers believe the testing equipment in your case was unreliable, we can challenge your blood alcohol concentration measurements.
FAQs About DUI Checkpoints in Pennsylvania
What is a DUI Checkpoint in Pennsylvania?
A DUI checkpoint is a location along a road or highway where all drivers entering may be stopped by law enforcement and checked for signs of intoxication. Drivers often try to avoid checkpoints because they can significantly slow down traffic. In most cases, drivers may be stopped, asked a few questions, and allowed to move on if there is no indication of intoxication.
Do DUI Checkpoints Have to Follow Certain Rules or Procedures?
Yes. When the police want to set up a DUI checkpoint, they must have an articulable reason, such as a noticeable increase in drunk driving incidents along a specific stretch of highway during Friday and Saturday nights. They must also publish the checkpoint in advance, usually in local newspapers or other outlets. Checkpoints must also be conducted in a way that avoids arbitrary stops. For example, the police may stop every third driver, no matter what, so that nobody is stopped for unlawful or arbitrary reasons.
Can I Get a DUI from a Checkpoint?
Yes. While any driver who enters a checkpoint may be stopped, whether or not they are intoxicated, the police must have probable cause to arrest you for a DUI. If you are not intoxicated, you will likely be let go quickly. If the police notice signs of intoxication, like the smell of alcohol or slurred speech, you may be asked to pull over for further investigation, and you could be arrested.
How Can I Challenge a DUI from a Checkpoint?
You may challenge a DUI from a checkpoint if the checkpoint was conducted improperly. If the checkpoint was not set up properly or you were arrested without any evidence suggesting you were intoxicated, tell your attorney right away.
Can I Be Arrested at a DUI Checkpoint in Pennsylvania?
Yes. Generally, drivers may be quickly checked for signs of intoxication before being allowed to pass through the checkpoint. If the police notice any signs of intoxication, they may have you pull over to another location for field sobriety testing and further investigation. If the police believe they have enough probable cause to arrest, you may be taken into custody for an alleged DUI.
Can I Avoid a DUI Checkpoint?
You may avoid a checkpoint by choosing to take another route. Checkpoints are supposed to be publicized ahead of time so drivers can plan accordingly. However, once you have entered a checkpoint area, you cannot turn around and must continue through the checkpoint. If you try to turn around, the police will stop you.
How Do I Know That a DUI Checkpoint is Not Legally Valid?
You might not know whether the checkpoint was legally valid until after you speak to your lawyer. Even if you believe the checkpoint is not adhering to legal protocols, the police will likely not cease their actions because you say so. It is best to cooperate with law enforcement, remain silent, and call your lawyer immediately.
Speak to Our Pennsylvania DUI Defense Lawyers if You Were Arrested at a Checkpoint
If you were arrested at a DUI checkpoint, ask our Philadelphia criminal defense lawyers for a free case review by calling Kenny, Burns & McGill at (215) 423-5500.
