If you’ve ever been stopped at a DWI checkpoint, it can feel like a violation of your rights. However, these stops are legal in Missouri.
In order to set up a DUI checkpoint, law enforcement must adhere to strict protocols. This includes choosing a lawful location and making the inspection point public.
How They Work
Sobriety checkpoints are a popular way to enforce drunk driving laws. They reduce the number of drunk driving related accidents by up to 9%, according to the Center for Disease Control (CDC).
A sobriety checkpoint involves roadblocks set up at an intersection where police officers stop vehicles. They ask drivers a few questions and assess whether they might be intoxicated.
The checkpoint is usually accompanied by large road signs that identify the line where the checkpoint begins, and police cars stationed within it. They may also use large lights to alert drivers of their presence.
These checks can be legal, but a lot depends on the circumstances and the evidence gathered. A qualified DWI attorney can examine all of the issues and help you avoid a conviction for a DUI charge.
Probable Cause
If a police officer pulls you over at a sobriety checkpoint, they are likely looking for probable cause that you are driving drunk. This can mean that they will ask you to perform a series of field sobriety tests or request a blood alcohol test.
In Missouri, DUI checkpoints are not illegal as long as they are operated under proper guidelines. These include a written plan, adequate supervision and consistency.
Law enforcement must also publicize the time and location of the checkpoint. This gives drivers enough time to avoid the checkpoint, but also allows them to understand that it is a legitimate stop.
These checkpoints are a vital part of law enforcement’s efforts to deter drunk driving. However, they do not appear to comply with the Fourth Amendment’s right against illegal searches and seizures.
Arrests
DWI checkpoints in Missouri are large-scale enforcement operations where officers may arrest dozens of people in a single night for driving under the influence. Police make these arrests to deter drunk driving and increase traffic safety.
Drivers should know their rights if they encounter one of these roadblocks. For example, they should show their license and registration to the officer.
They should also avoid saying anything that could implicate them in a DUI case. It’s always best to consult a criminal defense attorney in Kansas City, Overland Park or Rogersville before you answer any questions.
In Missouri, police must follow certain guidelines to set up a sobriety checkpoint. These rules are based on constitutional protections.
Representation
If you have been arrested for a DUI at a DWI checkpoint, it is essential to have the help of an experienced lawyer. They can guide you through the entire process and help you fight the charges against you.
The Missouri legislature has voted to cut all but $1 of the state’s funding for sobriety checkpoints in 2018. Money will instead be devoted to “saturation patrols.” These are police efforts that put officers on the streets to spot drivers who have been drinking.
According to data from the Centers for Disease Control and Prevention, sobriety checkpoints reduce drunk driving fatalities by 20 percent. However, some people believe that checkpoints are unnecessarily frightening and can lead to more alcohol-related crashes.
In addition, police have to follow strict rules when setting up and operating a DUI checkpoint. This is because the 4th Amendment of the Constitution restricts unreasonable search and seizure. This means that the police can only search you and your car if they have a valid warrant or probable cause.