Most of my clients’ calls regarding DUI Checkpoints demonstrate how unreasonable they can be. Most people do not know three very important things: (1) they can turn around and refuse to go through a DUI checkpoint if done properly, (2) they can refuse all field sobriety tests, (3) they can refuse all breath, blood, or urine tests. It is important that you contact an experienced DUI attorney to explain your rights to you.
In order to make a DUI checkpoint legitimate the prosecution, or government, needs to show several things. First, the government needs to show that the area was properly advertised – they have to tell the public that the area is going to be a DUI checkpoint. Second, they have to have a very good reason for showing that the area deserves a checkpoint – they really cannot just pick an area. Third, at the actual checkpoint they need to use proper signs warning of a checkpoint. Fourth, they need to follow proper procedures in executing the checkpoint.
It is important to undertand that even if the police follow all of the rules for using a checkpoint that your case may still be very good. For instance, if you passed your field sobriety tests, or if they failed to administer them properly, or if they used a bad breath testing device – you may be able to walk away without any problems at all!
Call us at (330) 752-6706 for your personal, confidential, no obligation consultation regarding your DUI. We are DUI Attorneys in Akron. Ask to speak to me, Joe Patituce, regarding your DUI/OVI charge. The call is free.