With New Year’s Eve approaching, it is important to understand your rights if you are stopped at a sobriety checkpoint. Continue reading and contact our experienced Middlesex County DWI attorney to learn more.
What should I expect driving through a sobriety checkpoint?
Each DWI checkpoint that is set up must have a purpose. Checkpoints must also be established by a supervisory authority and targetted to a specific area at a designed time and place. Law enforcement must notify drivers of the roadblock with lighting and signs. There must be a neutral formula for police officers to decide who to stop. Officers are not permitted to stop drivers based on appearance alone. Police will ask basic questions, look for signs of impairment, and request documentation.
What are my rights if I get pulled over at a checkpoint?
If police quest a driver to take a breath test to determine their blood alcohol content, they must do so due to the law of implied consent. If a driver refuses to submit to the test, they will be charged with a refusal, if they were drinking or not.
Drivers are only required to provide vital information to officers during a checkpoint. Drivers can refuse to answer questions that go beyond basic information. Drivers also have the right to refuse if the officer asks to search their vehicle.
How can an attorney help me if I have been arrested at a sobriety checkpoint?
If you are arrested this New Year’s Eve at a sobriety checkpoint in New Jersey, the first step you should take is to reach out to an experienced Middlesex County DWI attorney. Your attorney will assess your case and will work to discover if the sobriety checkpoint was lawfully conducted. If it is determined by your attorney that the checkpoint was unlawful or that the officer did not have probable cause to arrest you, they likely have a viable defense against your DUI charge. If it is determined that the arrest was lawfully conducted, your attorney will work to decrease the severity of your charges.
If you are facing charges of a DUI this NEw YEar’s Eve, do not hesitate to contact our experienced firm. Our legal team has years of experience assisting clients like yourself. Give us a call today to learn more about our services and how we can assist you.
Contact our experienced New Jersey firm
When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges, contact the Law Offices of Michael A. Policastro today for the experienced legal counsel you deserve and need.