Are Pittsburgh DUI Checkpoints legal
under Pennsylvania DUI Law?
The Law Offices of George Heym
564 Forbes Ave, Suite 810
Pittsburgh, PA 15219
412-521-2628
The validity of Pittsburgh DUI Checkpoints is a controversial
issue. Many believe that they are a useful tool in combating
Drunk Driving. The proponents of DUI Checkpoints argue that
they not only help stop those that are already Driving Drunk but
also act as a deterrent to other would be Drunk Drivers.
However, some believe that Pittsburgh DUI Checkpoints violate
basic constitutional protections afforded by the United States
and Pennsylvania Constitutions.
Pittsburgh DUI Checkpoints are legal under current Pennsylvania
Law
Currently, under Pennsylvania Law DUI Checkpoints are
legal as long as they are set up in a manner that conforms to the
guidelines set up by Pennsylvania Courts. Generally, these are
that the Pittsburgh DUI Checkpoint;
•
Be well manned and stationary;
•
That Drivers are stopped using a predetermined and
consistent method IE. every third car;
•
That the DUI Checkpoint is advertised publicly in advance;
•
The Pittsburgh DUI Checkpoint is set up in a location where
it has been established that DUI’s have occurred in the past.
In Court, the Commonwealth (prosecution) bears the burden of
proving the constitutionality of the Pittsburgh DUI Checkpoint.
When stopped at a DUI Checkpoint the police will question
the driver in an attempt to determine if he/she is exhibiting signs
of intoxication. If the driver does exhibit signs of intoxication the
Police will administer Field sobriety Tests and a Blood or Breath
test right there at the DUI Checkpoint. The driver will usually be
released and told that DUI charges will be mailed to them later.
Based upon the numerous requirements for properly
setting up a DUI Checkpoint only an experienced Pittsburgh DUI
Defense Attorney can properly evaluate your specific case to
determine whether you might have a legal defense due to an
improper DUI Checkpoint.
For a Free DUI Consultation
Call or Text me on my Cell Phone 24/7
412-216-4984
Pittsburgh DUI Lawyer George Heym
Former DUI Prosecutor!
Exclusively Defending DUI Cases!