Are DUI Checkpoints Actually Legal?

DUI checkpoints must be operated according to very specific rules in order to be considered legal. If police fail to conduct checkpoints according to the legal standards, any DUI arrests made while conducting an illegal DUI checkpoint can result in the DUI charges eventually being dropped. A few of the requirements for conducting a DUI checkpoint include the following:

-Must be conducted at a specific location for a limited number of hours so as to impose minimal inconvenience to law-abiding drivers.

-All vehicles must be stopped in a consistent manner. There must be a documented patter of stopping vehicles.

If the requirements for a checkpoint have not been met, then there may be a good argument for the Court to exclude the evidence which the police obtained during the checkpoint stop.

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