Is it legal for law enforcement officers to pull you over during a DUI roadblock? Can they arrest you if they suspect that you are driving drunk? What are your rights as a citizen of New Hampshire?
If you have been arrested on an impaired driving charge during a roadblock, you should contact DUI attorney Michael Anzalone. He can give you the kind of advice that my help you get back on your feet as quickly as possible.
He is highly experienced at fighting the system for clients who are charged with driving while under the influence of drugs or alcohol and especially for those who have been arrested following stops at DUI roadblocks.Are DUI Roadblocks Legal?
This is a big question and the answer is sometimes complicated. Police officers are constantly looking for drunk or impaired drivers and they use these so-called sobriety checkpoints or DUI roadblocks to help them find drunk drivers.
In most cases these roadblocks or checkpoints are not a violation of the U.S. Constitution or the Fourth Amendment. This amendment prohibits law enforcement officials from making unreasonable search and seizures.
But, your attorney will want you to be very clear on this, the police officers must follow a strict set of guidelines in order to establish a checkpoint. Specifically, they must get judicial permission to conduct a sobriety checkpoint.How Does a Checkpoint Work?
Every driver must stop as part of the roadblock and officers typically will ask them a set of routine questions to determine whether they are driving while impaired. The officers might ask where the driver has been and where they are headed. They may ask if they’ve been drinking or try to observe whether any signs of alcohol are in the vehicle.
If there is any reason to suspect the driver is impaired, he or she will be asked to perform a field sobriety test. They also may request a blood alcohol test which is typically done at a mobile command center. The driver may refuse that test, which immediately results in a driver’s license suspension.
Once you are arrested on a DUI charge, you are taken to jail and usually have to spend at least one night there before a first appearance hearing. These can be very serious charges, depending on the circumstances, and they can have a tremendous impact on your life and livelihood.
As your attorney, Michalel Anzalone will work with you to determine whether the DUI checkpoint was legal. If not, he will build a strong defense case that rests on that point. Otherwise, he will work aggressively to get the best possible outcome in court for you.
This is something that you cannot take lightly because police and prosecutors are not. They are working together to build a strong case that could destroy your life.
It is best to never drink and drive. But if you were impaired when you were stopped and arrested by officers at a DUI roadblock, you should seek the assistance of The Anzalone Law Firm in Nashua, New Hampshire.
Please call 603.548.3797 today for a free consultation with Michael Anzalone.