Was the DUI Roadblock Operated in a Constitutional Fashion?
One of the many ways the police can arrest your for drunk driving is by utilizing DUI roadblocks or sobriety checkpoints. At a DUI checkpoint, the police will stop particular vehicles at random on a public roadway to determine whether the driver is operating his vehicle under the influence of alcohol. If you have been arrested for a DUI as a result of a roadblock, an experienced Orange County DUI attorney could prepare a strong defense to either reduce or altogether dismiss the charges against you.
An Orange County DUI attorney will use a two-step method to attack the admissibility of a DUI arrest as a result of a DUI checkpoint. The first step in attacking a roadblock is to make sure it was the only basis for the DUI stop. Your Orange County DUI attorney will properly evaluate the case to determine whether or not the detaining officer is claiming if there were any other reasons for the stop, such as traffic violations or equipment violations. If your Orange County DUI attorney finds any other reason for the drunk driving detention, then your DUI charges will be dismissed.
The second step is to determine if the sobriety checkpoint was created and operated in a constitutional manner. If the roadblock was not constitutional, then the DUI charges will be dismissed.
Roadblock cases are unique to other DUI cases. As such, it is imperative that you seek the legal assistance of a knowledgeable Orange County DUI attorney as soon as you have been arrested for a DUI at a sobriety checkpoint.
For a free consultation with Orange County DUI attorney Mike Coffey, simply fill out the form on this page.