Pennsylvania law enforcement will crackdown on drug driving incidents this New Years Eve. To learn about the DUI checkpoints in Pennsylvania and the legal requirements for DUI checkpoints, continue reading and contact our experienced Allegheny County DUI lawyer.
What are the legal requirements for DUI checkpoints in Pennsylvania?
DUI checkpoints in Pennsylvania are advertised in advance and are located on roadways where drunk driving is known to have occurred in the past. These DUI checkpoints are roadblocks conducted by police officers for several hours.
There are five requirements that a DUI checkpoint must meet including the following:
- There must be prior administrative approval for the decision to conduct a checkpoint
- In the checkpoint, the stop must be brief and must not include a physical search
- The checkpoint must have sufficient warning
- The time and place of the checkpoint must be chosen based on the local experience and where and when intoxicated driers are likely to be driving
- The decision to stop certain vehicles must be established by administratively pre-fixed, objective, and random standards, and must not be left to the discretion of the police.
Any evidence obtained in a checkpoint that does not meet any of the above requirements can be suppressed.
It is also important to understand that under Pennsylvania law, if an officer requests that you take a field sobriety test or a preliminary breath test (PBT) at the checkpoint, you have the option to refuse.
You also have the right to refuse to answer if an officer asks you any questions other than your name, license, registration, or proof of insurance.
How can an attorney help me?
It is important to retain the services of an experienced attorney if you have been arrested at a DUI checkpoint this New Years Eve. Having an attorney in your corner will allow you to assess your case. Your attorney can ensure the sobriety checkpoint was lawfully conducted. If your attorney can prove that the checkpoint was unlawful in any way, or that the officer did not have probable cause to arrest you, they may have a viable defense against your DUI charge. If your arrest was conducted lawfully, your attorney may be able to decrease the severity of your DIU charges.
To learn more about how our Allegheny County DUI lawyer can assist you, give our firm a call today.
Contact Our Pittsburgh DUI Lawyer
The Law Office of George Heym focuses exclusively on DUI defense. George Heym is a former Allegheny County DUI prosecutor with an understanding of both sides of a DUI case, notable litigation experience, and relationships with local courts. Contact our firm to fight for your rights.