Knowing your rights at a DUI checkpoint can be crucial to the pending charges that are about to be placed on your record. While many states oppose DUI checkpoints, 38 do not, including the state of South Carolina. These checkpoints, however, must be reasonable when conducted, meaning that police shouldn’t be abusing the power they hold and violating citizens’ rights under the Fourth Amendment. The Fourth Amendment of the U.S. Constitution protects individuals’ rights from unreasonable search and seizures.
Police must conduct a DUI checkpoint in a certain manner to assure your rights aren’t violated.
According to the NHTSA, a DUI checkpoint, which is commonly referred to as a sobriety checkpoint, is “the stopping of vehicles, or a specific sequence of vehicles at a predetermined fixed location to detect drivers who are impaired by alcohol or other drugs.” Although it is debatable as to whether this is still violating individual’s rights, police and other state departments including the NHTSA find it necessary to do to help remove drunk drivers off of the streets.
Have you recently been charged for DUI in Greenville, South Carolina? Was it during a random stop at a sobriety checkpoint? If so, now would be a good time to contact a local Greenville DUI attorney. If you are seeking legal aid on behalf of your loved one who has just been arrested, you have taken the right step by getting them help. USAttorneys.com helps individuals in need of legal counsel find and retain it for FREE.
What are police required to do at DUI checkpoints in Greenville, SC?
- They need to have chosen a location for a specific reason. For instance, if there are a higher number of accidents caused by drunk drivers in one particular spot or many arrests have already been made, that location would suffice.
- Usually officers must stop cars in a pattern, not randomly.
- The site in which the officers set up at must be safe and identifiable. The last thing anyone needs is to engage in an accident because police didn’t take the necessary steps to ensure safety precautions were put into place.
Now, just because there are active laws that protect citizens and guidelines police are expected to follow, this doesn’t always mean they do. That is why anyone facing any sort of criminal charge involving a DUI hires a nearby Greenville DUI lawyer immediately to ensure your rights weren’t violated. This can help reduce the charges you are faced with or even get them dropped. Nobody wants a DUI charge on their record as this can dramatically affect you and follow you throughout the rest of your life.
Have Drivers Found a Loophole to Skip a DUI Checkpoint?
According to Fox 2 Now, while drivers are aware that they must pull over when directed by an officer at a DUI checkpoint, they don’t exactly have to roll their window down. Some drivers have created a well-written letter, identified as the Fair DUI flyer, and place it inside a zip lock bag stating they know their rights and are aware of the laws they must comply with. Inside the bag contains their license and insurance card also. While each county in South Carolina may handle this differently if presented with a similar situation, one DUI attorney commented saying drivers don’t have to roll their windows down.
In any event, it is important that anyone facing a DUI conviction in the state of South Carolina seek legal help immediately regardless of whether you are guilty of the crime.