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Home  >  Law Library  >  Limits on DUI Checkpoints

Limits on DUI Checkpoints

Intoxicated driving checkpoints have been instrumental in many police campaigns to stop drunk driving. However, for as useful as these sobriety checkpoints are, some argue that they can result in unlawful search and seizure. To keep these checkpoints legal in accordance with the US Constitution, police must carry out their campaigns under specific restrictions.

For more information regarding your rights as a defendant if you have been charged with DUI, contact the Arizona DUI lawyers of Thompson & Volquardsen, P.C., today by calling 602-510-9999.

Sobriety Checkpoint Restrictions

According to the Constitution, no citizen can be subjected to unwarranted search and seizure. However, sobriety checkpoints allow police to stop and question motorists without a warrant, potentially leading to a search of their vehicle and their arrest. To make these checkpoint campaigns legal, police must follow certain rules when conducting these operations. These restrictions typically include:

  • Making stops at a checkpoint according to a certain pattern or formula
  • Requiring supervisors to agree to decisions
  • Posting clear warnings before the checkpoint
  • Providing a public announcement prior to establishing the checkpoint
  • Establishing the checkpoint in locations that make sense

If police officers violate these rules, they may be violating a driver’s constitutional rights as a United States citizen.

Contact Us

If you have been charged with DUI at a sobriety checkpoint, you need the help of an attorney. To discuss your defense options with an experienced lawyer, contact the Arizona DUI attorneys of Thompson & Volquardsen, P.C., at 602-510-9999 today.