In driving under the influence (DUI) cases, the accused driver can beat the case by showing the arrest violated their constitutional rights. If police officers stop drivers at a DUI checkpoint, many drivers are not aware of their constitutional rights and do not know the officers may have violated them.
While DUI checkpoints are legal in this state, the arresting officers must give every driver legal rights. If you face these charges, contact a driving while intoxicated defense attorney knowledgeable of the constitutional issues in Charleston DUI cases.
Potential Constitutional Rights Violations
A person facing a DUI conviction may be able to avoid the charges by asserting their constitutional rights. A Charleston attorney knowledgeable of the constitutional issues in DUI cases could help review the details of the arrest to find any potential violations.
Fourth Amendment
The defendant may have evidence to show that arresting officers denied them their protection against unreasonable searches and seizures. These violations are frequent in Charleston DUI checkpoint arrests.
Fifth Amendment
The fifth amendment protects citizens against double jeopardy and provides them with a privilege against self-incrimination. This means that if a law enforcement officer asks the accused person a question that might incriminate them, the accused can choose to not answer.
Many drivers also think that turning around at a DUI checkpoint is illegal. As long as the motorist does not break any traffic laws, it is legal to turn around before crossing the barrier. However, if the driver gives the officer a reason to think they are under the influence, which often is simply evidence the driver is trying to avoid the roadblock, they can pull them over under the suspicion of DUI. Every case is different, but it is best to have an experienced DUI attorney review the specifics of your case and discuss possible defenses depending on your case’s unique facts.
Rules Concerning DUI Checkpoints in Charleston
Some of the rules concerning DUI checkpoints include having a justifiable reason for the stop, the public being aware of the checkpoint, and the checkpoint being effective.
Justifiable Reason for the Checkpoint
Law enforcement must do DUI checkpoints in areas with a valid reason for them, such as a high level of DUI arrests or accidents.
Public Must be Alerted About the Checkpoint
Law enforcement must alert the public of an upcoming DUI checkpoint in advance. This includes providing the date and location.
The Checkpoint Must Be Effective
After an arrest for DUI at a Charleston checkpoint, a state attorney needs to establish to the court that the checkpoint served the public’s best interest. They can prove this by showing the stops resulted in an arrest.
Limits on Use of Checkpoints
DUI checkpoints are legal in this state. However, there are strict regulations the authorities must follow when conducting the procedures. They must stop vehicles using a predictable pattern and not make random stops while completing the DUI checkpoint. They must also use a predictable pattern, such as stopping every third vehicle that crosses the barrier. A DUI attorney experienced in Charleston constitutional issues in cases could review the arrest details to ensure the officers did not violate the driver’s rights.
Call an Attorney about Charleston DUI Cases and the Constitutional Issues
A driving under the influence arrest can have many adverse effects on your life. Negative effects include the loss of your driver’s license, fines, the potential for jail time, and a mark on your permanent criminal record. A skilled legal professional could review the case and details of your arrest to find potential defense strategies.
If you face charges after driving through a DUI checkpoint, there are possible defenses you may be able to use to avoid conviction. Call a lawyer experienced with the constitutional issues in Charleston DUI cases to schedule a consultation.
