Defending you Against DUI Charges at a Sobriety Checkpoint
If you have been charged with a DUI at a sobriety checkpoint, contact an experienced lawyer right away.
I am Attorney Shawn R. Dominy, and I will prepare a strong defense to help minimize the consequences you may face. Contact me today to schedule a free consultation.
DUI Roadblocks/Sobriety Checkpoints
DUI roadblocks, also called sobriety checkpoints, occur when Ohio law enforcement officers stop every vehicle (or a subset of vehicles) on a public roadway and question the driver. DUI checkpoints are established at strategic locations at significant times, such as holiday weekends and special events. They often are joint ventures involving multiple law enforcement agencies (ex: DUI Task Force) such as the Ohio State Highway Patrol and the Columbus Police Department.
If the questioning by the officers uncovers evidence that the driver may be under the influence of alcohol, the driver is further detained and investigated with field sobriety tests and breath testing. Attorney Shawn R. Dominy will evaluate whether the checkpoint was operated appropriately and whether sobriety testing was administered correctly.
Effectiveness of Sobriety Checkpoints in Ohio
The goals behind sobriety checkpoints are to deter drunk driving, detect drunk driving, and punish drunk drivers. While it is impossible to measure deterrence, there have been measurements of the number of people charged with drunk driving as a result of DUI checkpoints.
A very small percentage of all drivers stopped at DUI checkpoints in Ohio are charged with DUI, so not many drunk drivers are detected or punished by establishing DUI roadblocks in central Ohio. Hundreds or thousands of drivers, however, are inconvenienced by the process.
Legality and Guidelines
In 1990, the United States Supreme Court upheld the validity of DUI roadblocks in Michigan v. Sitz. The Court found the intrusion/inconvenience of individuals being stopped is outweighed by the government’s interest in curbing drunk driving. In the same year Sitz was decided, the National Highway Traffic Safety Administration (NHTSA) published recommended procedures for DUI roadblocks.
For a DUI checkpoint to be legal, law enforcement must follow guidelines regarding such issues as the location of the checkpoint, the operation of the checkpoint and the publicity of the checkpoint. In addition, if a driver stopped at the checkpoint is further detained for a DUI investigation, that detention must be justified by reasonable suspicion and any subsequent arrest must be based on probable cause.
If you are charged with DUI at a sobriety checkpoint in central Ohio, contact me to find out how I can help you.
