portsmouth dui roadblock / sobriety checkpoint attorney
rockingham county sobriety checkpoint defense lawyer
In an effort to reduce driving under the influence, police are using temporary roadblocks/sobriety checkpoints that stop all cars at a particular point on a roadway.
Although police have no reasonable suspicion to stop every car, they are permitted to do so by the courts. This is certainly an inconvenience to those who have done no wrong, but the practice has been upheld by the U.S. Supreme Court in instances where the inconvenience is not too burdensome.
If you have been stopped at such a roadblock and subsequently charged with DWI, it may be possible to challenge the actions of law enforcement, and impede the prosecution. Specific procedures must be followed. For example, arbitrarily selecting and stopping cars is prohibited.
The need and effectiveness of the particular roadblock may be challenged. Some studies have shown that roadblocks in general are less effective in stopping drunk drivers than roving patrols.
if you are stopped
If you are stopped, the officer will look for signs of alcohol consumption or impairment. If he believes he has probable cause for further inspection he will direct you to a separate location and you will be asked to perform sobriety checks. If you refuse the tests your license will be suspended, but you may be reducing the evidence the prosecution has against you, and perhaps avoiding arrest.
Always be polite with law enforcement, but remember you do have rights. Aside from basic information such as your name and address, you do not have to answer questions and can demand to call a lawyer.
Keep our phone number -- 603-436-8242 -- in your car. Call or contact Desfosses Law Firm today if you have been charged with DUI.