DUI checkpoints have been used by law enforcement as an anti-DUI tool in Pennsylvania for many years. While some believe they are an effective tool for preventing DUI accidents, injuries, and deaths, other believe they are unconstitutional. Their constitutionality has been argued in several cases and based off legal precedence; they are legal provided they follow specific guidelines.
Pennsylvania DUI stops are typically suspicionless, which means if you are driving and notice a DUI checkpoint and have an opportunity to avoid the stop, you are permitted to do so lawfully. At this point, the police have no suspicion to go on to stop you, however, if you make an illegal U-turn or otherwise another illegal maneuver to avoid the DUI checkpoint, they may use this to stop you.
Rules for PA DUI Checkpoints
For a DUI checkpoint to be considered legal, Pennsylvania law enforcement must stick to the guidelines established.
- Checkpoints are permitted to only create a minimal intrusion of privacy to citizens
- They must be in the interests of public safety
- They cannot be discriminatory
- They cannot be arbitrary and must have evidence to support a DUI checkpoint at that location
- Advanced notice of their location must be provided to the public
If you or your loved one was recently arrested at a DUI checkpoint, you should consult a skilled Philadelphia DUI lawyer as soon as possible. At Krasner & Long, LLC, we have been defending the rights of Philadelphia citizens arrested for DUI for decades. Work with a firm that has successfully represented over 20,000 cases. Contact us today. (215) 437-0449