Sobriety checkpoints are somewhat common, and you might end up driving through one at some point. If you are stopped and arrested at a checkpoint, do not panic. While dealing with a DUI can be scary, an attorney can help defend you and fight the charges.

While checkpoints tend to move quickly, the police may arrest you if they believe there is enough probable cause to suggest you are intoxicated behind the wheel. An attorney can review this evidence, whatever it might be, and determine the best way to fight it. On top of that, checkpoints must conform to specific rules and procedures. If the police did not follow these rules, whatever evidence they obtained may be invalidated.

Receive a free, private case evaluation from our Philadelphia DUI defense lawyers by calling the Liberty Law Team at (215) 826-3314.

How Can You Challenge a Pennsylvania Sobriety Checkpoint?

Once a driver enters a checkpoint, they cannot leave the checkpoint zone. While it might not be possible to avoid the police in situations like this, it is possible to challenge DUI allegations.

You Were Stopped Unlawfully

Unlike normal DUI stops, checkpoint stops must be arbitrary. Generally, the police are required to develop a system for stopping cars. One of the most common methods is to stop every 3rd or 4th car, regardless of what the driver is doing or whether intoxication is suspected.

If you believe you were singled out for some reason, talk to your lawyer about it. If you should not have been stopped, and the police cannot provide any explanation as to why they stopped you, we may be able to beat the DUI.

Police Forced You to Comply

Certain aspects of a sobriety checkpoint are strictly voluntary. You do not have to provide the police with any information other than your identity. If the police force you to answer incriminating questions, tell your lawyer.

Similarly, the police cannot force you to perform Field Sobriety Tests. If you are asked to do things like walk in a straight line or follow a pen with your eyes, you do not have to. Again, tell your lawyer if the police forced you to do anything.

You Were Not Allowed to Avoid the Checkpoint

Checkpoints are not mandatory. Once you are in a checkpoint zone, you must proceed through. However, if you know the checkpoint is up ahead, and you are not yet within the checkpoint zone, you are allowed to avoid it, as long as you do so safely.

If you believe you were targeted and later pulled over because the police noticed you turned around to avoid the checkpoint, the stop may be illegal. Any evidence the police might have obtained should be deemed illegal and inadmissible.

Checkpoint Requirements That Law Enforcement Must Follow

Checkpoints must be conducted in accordance with strict rules and procedures. Even if the police arrest you at a checkpoint, you may fight the charges if the police do not follow the rules and violate your rights.

Advanced Notice

The authorities must provide public notice of a checkpoint before it happens. Often, the police will publish details of planned checkpoints in local newspapers or on local news broadcasts. Unfortunately, these notices often just include the county where the checkpoint will be, not the township, neighborhood, or road.

If the checkpoint occurred with zero warning, your lawyer should challenge the stop and argue that your DUI charges should not stand.

Planning of the Checkpoint

The location of the checkpoint should be selected for a good reason; it cannot be random or arbitrary.

The police generally must show some reason for the checkpoint. Are DUIs common in the area? Maybe there is a history of spikes in DUIs on Saturday nights. Whatever the reason is, the police should be ready to show it. If they cannot, we can challenge the checkpoint’s validity.

Stops Must Be Brief

A key characteristic of sobriety checkpoints is that stops must be brief. The police generally stop a vehicle, ask for ID, look for any immediate signs of intoxication, and allow the driver to move on if nothing suspicious is found.

If you were detained by the police for a long time for reasons that were never explained to you, tell your lawyer right away.

How Your Attorney Can Challenge a Sobriety Checkpoint in Pennsylvania

Even if the sobriety checkpoint follows all the rules, there may still be ways in which your lawyer can fight your DUI.

Challenge the Evidence

Your attorney should help you challenge whatever evidence the police obtained. Perhaps the most important piece of evidence in the case is your blood alcohol concentration (BAC). This is a measurement of the alcohol in your system, and drivers are required to submit to chemical testing after being arrested.

BAC measurements are not always accurate. If the testing equipment was not properly calibrated before testing, we can challenge the results. Also, even though chemical testing is required after arrest, the police cannot force a driver to comply. If you were forced to submit to testing, our Bucks County, PA DUI defense lawyers can work to invalidate the BAC measurements.

Highlight Procedural Errors

Checkpoints must abide by specific rules to protect drivers’ rights. When rules are not followed, serious legal violations occur, and citizens will pay the price. The police should not be allowed to make such glaring mistakes and get away with it.

Mistakes do not have to be huge to be raised in court. A series of minor mistakes can add up and make the police look bad, and the validity of the evidence they obtained may be called into question.

Hold the Police Accountable

If the police messed up, they should be held accountable. Rules surrounding sobriety checkpoints are strict for a good reason. They protect your rights, and the police cannot violate your rights when searching for evidence of intoxication. If the police did anything wrong, your lawyer should know.

FAQs About Challenging a Pennsylvania Sobriety Checkpoint Stop

How Do You Challenge a DUI from a Sobriety Checkpoint?

You may challenge a DUI from a checkpoint based on certain procedural violations. For example, if the police did not provide advanced notice of the checkpoint or singled you out for unlawful reasons, we can challenge the DUI.

What Are the Rules for Sobriety Checkpoints in Pennsylvania?

Checkpoints must be planned and announced in advance, often through the local news media. The time and location of a checkpoint must be based on valid reasons, like an uptick in intoxicated driving accidents in a specific area. Stops must be conducted according to a preplanned system, such as stopping every third car at a checkpoint.

What Happens if You Are Arrested at a Sobriety Checkpoint?

If you are arrested at a sobriety checkpoint, you may be required to submit to chemical testing. Refusal to submit to testing may lead to additional charges and penalties. The police may question you about the incident, and you should invoke your right to remain silent. Demand to contact your attorney as soon as possible.

Do I Need a Lawyer for a DUI from a Sobriety Checkpoint?

Yes. DUIs tend to move through the legal system quickly. Even though your DUI case might not be long, you should still be allowed to defend yourself. Your attorney can review the evidence and circumstances surrounding the checkpoint to determine the best way to defend you.

Ask Our Pennsylvania DUI Defense Attorneys for Legal Help Now

Receive a free, private case evaluation from our Montgomery County, PA DUI defense lawyers by calling the Liberty Law Team at (215) 826-3314.x