The Constitutionality of DUI Roadblocks

Commonly, charges of driving under the influence (DUI) will stem from a driver being stopped at a police roadblock or checkpoint set up specifically to randomly catch drivers who are operating a vehicle while impaired. This is not an unusual charge for a client to hire an experienced MD DUI lawyer to provide defense. One of the main defenses is questioning the constitutionality of the roadblock and subsequent charges.

The Purpose of a DUI Roadblock
Law enforcement officers will frequently utilize a roadblock or sobriety checkpoint to catch drivers who might be driving under the influence of alcohol or drugs. When a vehicle is stopped at one of these checkpoints, the officer will perform an evaluation on the driver to look for telltale signs of impairment. If the officer believes there to be evidence of a DUI being committed, an arrest will be made.

Strategies Your MD DUI Attorney Will Use in Your Defense
When there is an arrest for DUI due to a roadblock, your MD DUI lawyer will try to formulate a defense in two steps. The first is ensuring that the roadblock was crafted and run in a manner which was constitutional.

If a driver was held due to a DUI roadblock, the facts will be examined to come to a determination regarding the officer's claims and if there was a traffic infraction or problem with the vehicle that necessitated the stop. This is so the officer will concede that there wasn't another reason to bolster the DUI arrest. The prosecutor will then have the roadblock as the only justification for the driver to be detained. After establishing whether or not there was another reason for the traffic stop at the roadblock, the MD DUI lawyer will examine the constitutionality of the roadblock.

Contact a Qualified MD DUI Attorney
If you or a loved one were detained on a charge of DUI following a roadblock, it is important to speak to an MD DUI lawyer. When a vehicle is stopped and the driver is arrested on a charge of DUI because of a roadblock, the arrest might not have been constitutional. The attorneys at Rowe, Weinstein & Sohn, PLLC will examine the circumstances of the case and assist you. Call 301-770-4710 or 1-888-340-7583 to discuss your case today.

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