QUESTION
Can I be stopped at a DUI road block with no probable cause? How?
Asked on May 14th, 2015 on Criminal Law - Colorado
More details to this question:
I was arrested at a road block over the Labor Day weekend. Can people be asked to answer questions at a DUI roadblock with no probable cause?
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That would be a yes.
Answered on Aug 31st, 2015 at 8:07 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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They can be asked, but they do not have to answer. Road blocks (or DUI checkpoints as they are normally referred to) are legal and do not require probable cause for a stop.
Answered on May 18th, 2015 at 4:39 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Of Course. Feds have authorized road blocks for sorts of things (DUI, Illegal aliens). They can ask questions and sometimes may search the car/truck.
Answered on May 15th, 2015 at 8:34 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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The Court's have said that under certain circumstances a DUI roadblock is constitutionally permissible. There are certain procedures that must be followed for it to be a legal roadblock. The factors are listed in the case of Ingersoll v Palmer. It is usually bogus and worth fighting.
Answered on May 15th, 2015 at 1:25 AM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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DUI Checkpoints are legal because the public is warned ahead of time so that they can avoid them they are published in things like the newspaper and they have big signs that say DUI CHECKPOINT. There are "illegal" dui checkpoints which can be a defense if the police don't follow all the rules of setting up a checkpoint correctly.
Answered on May 15th, 2015 at 1:23 AM
Yes, but the roadblock has to be properly maintained, and Constitutional requirements have to be met (ie. the roadblock has to be published days in advance...etc.). You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on May 14th, 2015 at 2:41 PM
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Agreed, this does not seem right. The courts have allowed these checkpoints if notice is given (press release and sign prior stop), there is a need based on accidents or multiple DUIs in that area, and a few other so called safeguards. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on May 14th, 2015 at 2:39 PM