Successfully Guiding Clients Through The Legal System Since 1993
There are numerous aspects of DWI law that present unique challenges. The legal process following a drunk driving arrest can be confusing and overwhelming. DWI attorney Jeffrey DeRoberts of the DeRoberts Law Firm fully understands your situation and provides the education and resources you need to make sound legal decisions.
If you are facing serious criminal charges, the most important step is seeking help from an experienced attorney as soon as possible following your arrest. There are often strict timelines that must be followed to ensure that you don’t face additional consequences. Don’t wait, contact attorney Jeffrey DeRoberts today for aggressive legal counsel.
Understanding New York State’s Sobriety Checkpoint Laws
One of the primary means of enforcing a state’s DWI laws is through the use of periodic DWI checkpoints. DWI checkpoints, or sobriety checkpoints, allow law enforcement officers to examine a large number of drivers for signs of intoxication and impairment at one time. The legal issues inherent in DWI checkpoints have led to a significant amount of litigation and legislation. Currently, 38 states conduct sobriety checkpoints and justify the stops either through state or federal law.
Sobriety checkpoints are not authorized unless the primary purpose is to check drivers for signs of alcohol or drug use. It is unlawful for law enforcement to set up a checkpoint under the guise of a sobriety stop for the primary purpose of general crime control. In New York, state case law has implemented several guidelines for satisfying this burden. The DWI checkpoint:
- May not intrude to an impermissible degree upon the privacy of motorists in approaching the checkpoint
- Must be maintained in accordance with a uniform procedure which affords little discretion to operating personnel
- Must utilize adequate precautions as to safety, lighting and fair warning of the existence of the checkpoint
- Must utilize a predetermined, random formula to determine how vehicles are stopped
- Locations must be set by policymakers and decisions must be made by supervisors
- May not detain drivers beyond the minimum amount of time necessary
DWI checkpoints can occur at any time but they are most commonly conducted between the hours of 9 p.m. and 2 a.m. on weekends and holidays. If any of the above requirements are violated, the checkpoint may be considered illegal and your charges could be dropped. You should seek advice from a reputable New York DWI defense attorney with experience litigating sobriety checkpoint matters.
Rely On A DWI Defense Lawyer With A Proven Track Record Of Success
DWI arrests can lead to significant personal and professional consequences that affect your life for many years. If you have questions about your DWI case, call us at 315-479-6445 or contact us online to discuss your case. Our office is conveniently located in Syracuse and we offer flexible office hours as well as free initial consultations.