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Are DUI Checkpoints Legal?

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DUI Checkpoints   People have long wondered if DUI checkpoints are legal. The United States Supreme Court ruled on the constitutionality of these checkpoints in 1990. They found that DUI checkpoints do not violate a citizen’s protection in the Fourth Amendment, which states that people have a right against unreasonable search and seizures.   DUI Checkpoints   Because DUI checkpoints are so controversial there are some states that have outlawed them. There are only 38 states where it is legal to conduct a sobriety (DUI) checkpoint – California is one of them. The other 12 states that outlawed the checkpoints did so because of state laws or their state constitution. California hold an upwards of 2500 DUI checkpoints each year.   What Are My Rights?   The police are allowed to detain you for a small amount of time, however, that does not mean that your constitutional rights are forfeited. The police are also not allowed to search your car, unless you authorize them or they have probable cause to search it. Also, you are not required to answer their questions, and, as always, you’re not required to breaking the law.   The police are allowed to use a drug sniffing dog if they decide to detain you. Remember, that DUI checkpoints are legal, but only if they’re done correctly. If the police fail to live up to previously established DUI checkpoint standards, then a DUI charge that is brought against you could be thrown out. If you’re arrested at one of these checkpoints always consult an experienced DUI attorney to help make sure that your legal rights are protected.     Drug Checkpoints   If DUI checkpoints are legal, then drug checkpoints are legal too, right? Wrong. Drug checkpoints are illegal thanks to a ruling by the Supreme Court. However, you may still see some drug checkpoints around. Primarily used in Midwest states, these “checkpoints” don’t actually stop anyone. Instead, they look for cars that act suspiciously, make illegal U-turns, throw out contraband, or do other actions that could construed as trying to evade the checkpoint. They will then pull over the suspicious car and use probable cause to search the car. If you’re arrested because of a drug checkpoint, it is important that you contact a lawyer to help you fight this illegal search. Also, drug crimes can have major implications on your life.   Conclusion   In conclusion, DUI checkpoints are legal (as long as they’re conducted correctly), and drug checkpoints are not legal. If you’re arrested at either checkpoint you’ll want to contact an experienced attorney to help you navigate the legal field. Your rights need to be protected to.

Bradley Corbett

Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.

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Email: Bradley@Bradleycorbettlaw.com