DUI Roadblock and Checkpoint

One of the most common ways to run into a driving under the influence (DUI) charge is to go through an unexpected roadblock after a night of casual drinking. Though a DUI roadblock checkpoint is a horrible inconvenience in the beginning, it can become your best friend throughout the DUI defense process. Tampa DUI defense experts have shown that roadblock and checkpoint arrests are easily the most scrutinized tests since they come close to infringing upon your basic 4th Amendment rights. If you have been arrested at one of these special stops, then you owe it to yourself to contact Musca Law and speak with a Tampa DUI attorney immediately.

Forcing The Release Of Information

As the state continues to push for more of these roadblocks, they are being required by the courts to show that the roadblock was reasonable. Tampa DUI attorneys can force them to provide information on why the roadblock was set up, which officers were present, and the conduct of the officers on the job. The police officers must comply with these requests and they will be put under the microscope as provided by the United States Constitution.

The courts have constructed a test by which they require officers and police departments to adhere to strict guidelines for when, why and where they place roadblocks. Specifically, the department must provide a good reason for why the roadblock was an effective means of crime prevention, and they must prove that the checkpoint was constitutionally viable. This is often a difficult argument for an inexperienced county prosecutor to make.

Procedures Used At The Checkpoint

The law requires police departments to provide adequate lighting, safe conditions and a host of other things to drivers. They must have an affirmative plan for which cars they are going to stop and for how they are going to conduct the routine checks. The good thing about this defense process is that it allows Tampa DUI lawyers a lot of leeway in arguing the fairness of a roadblock. Many things have to be done right, and the moment a police department deviates from required policy, the evidence will be suppressed. For this reason, it is often possible to get rid of the roadblock evidence entirely.

If you have been charged with DUI due to a roadblock, contact Musca Law immediately. A skilled Tampa DUI lawyer will walk you through your available options.