Following Procedure at a DUI Checkpoint
A great deal of DUI arrests are made at specified checkpoints that are used both in California and all over the United States. Checkpoints are often set up on busy social nights when large amounts of people are expected to be in bars—typically a Thursday, Friday or Saturday night. Officers know many people will get behind the wheel when they may have had a little too much to drink and checkpoints act as both a safety precaution and a way of cracking down on drunk driving. However, checkpoints must be used in accordance with the law and if they are not your San Jose DUI attorney can use any discrepancies as part of your defense.
There are no set guidelines on how DUI checkpoints need to be handled in order to not violate fourth amendment rights against unreasonable search and seizure. The Supreme Court has ruled that checkpoints do not violate those rights if handled correctly, but nothing that takes place at a DUI checkpoint can violate those constitutional rights. How that is done is left up to interpretation and a good DUI attorney in San Jose will go over everything that happened at that checkpoint with you when building your case. The most important thing you can do is to be open and honest with your lawyer from the start so there are no surprises from the prosecution.
When you start telling your story to your San Jose DUI lawyer, he will want to start at the beginning including what led to the officer thinking you were driving under the influence. He will want to know what field sobriety tests were performed, as well as any Blood Alcohol Concentration tests were given and if they were even warranted after the sobriety tests. If anything did not go according to procedure, there is a chance that your lawyer can get the case dismissed or at the least, help see to it that you receive the minimum penalties that the law permits.
The consequences you face if convicted on DUI charges can be devastating. You may have to pay steep fines, lose your license for an extended period of time and even spend time behind bars. This can have long term effects on your overall life, as well as the life of your family. But, you do not have to go it alone. For the assistance you need, call a knowledgeable and experienced DUI lawyer in San Diego today.