Sobriety checkpoints are temporary roadblocks on public streets or roadways designed to snare drunk drivers and cite others for violations of the Vehicle and Traffic Law. The courts have established strict guidelines to govern the operation of sobriety checkpoints. Anyone arrested for DUI / DWI at a sobriety checkpoint should contact an experienced New York DUI / DWI attorney to determine whether the checkpoint was operated according to these guidelines.

In order for a sobriety checkpoint to be reasonable and not in violation of your constitutional rights, law enforcement must meet these criteria: (1) the checkpoint must be conducted according to explicit regulations that limit the discretion of the officers conducting the checkpoint, (2) vehicles must be selected using a neutral mathematical formula, not at the discretion of the officers and (3) each motorist stopped should be detained only long enough for the officer to question the driver briefly and to look for signs of intoxication, such as alcohol on the breath, slurred speech, and glassy or bloodshot eyes. If the driver does not display signs of impairment, he or she should be permitted to drive on without further delay. If the officer does observe signs of impairment, the driver may be directed to a separate area for a field sobriety test. At that point, further investigation must be based on probable cause, and general principles of detention and arrest would apply.

In order to determine whether a sobriety checkpoint was operated within established guidelines, an experienced DUI / DWI lawyer will evaluate every aspect of the checkpoint to determine whether it meets the established guidelines. If the checkpoint was not operated properly, the attorney will argue that any evidence gathered during the stop was improperly obtained, and should be suppressed.