Montgomery County Sobriety Checkpoints – Fighting A DUI Stop at a Sobriety Checkpoint – Notice requirements in PA 

Sobriety Checkpoints in Montgomery County

Pennsylvania Police are increasingly relying on sobriety checkpoints to catch suspected DUI drivers. The courts have repeatedly ruled that these roadblocks don't violate drivers' constitutional rights as long as certain guidelines are followed. If you were arrested for a Montgomery County DUI at a sobriety checkpoint where police didn't follow the protocol laid out by the courts, it is possible to successfully challenge your case. Ciccarelli Law Offices is ready to review your driving while intoxicated case and determine an aggressive defense strategy. 

The law requires that sobriety checkpoints must ensure the safety of both drivers and police, be highly visible, and minimize the amount of time that each driver is stopped at the checkpoint.  Police should stop each driver just long enough to ask a few brief questions and to spot signs of intoxication such as an odor of alcohol, slurred speech, and glassy, bloodshot eyes. Drivers that show no signs of intoxication should be allowed to leave the checkpoint without any further delay. 

Drivers who show signs of impairment should be sent to a separate area for a field sobriety test.  Any additional investigation must be based on probable cause, and general rules of detention and arrest apply. 

Sobriety checkpoints must be planned as part of an ongoing safe-driving campaign and follow established departmental policy. Sobriety checkpoints should be planned with the help of a supervising judge and a representative from the district attorney's office. The supervising officers must thoroughly understand the civil rights and safety issues that can arise at a sobriety checkpoint. Police should advise the public of the sobriety checkpoint by making an announcement through local media, although they're not required to disclose the exact location. 

It may be possible to challenge evidence gathered at a sobriety checkpoint or even your Montgomery County DUI arrest itself.  Ciccarelli Law Offices will thoroughly analyze your arrest and the circumstances of a sobriety checkpoint to determine the appropriate challenges. Please contact us today for a free consultation.  

If you're like many drivers arrested for Pennsylvania DUI, you may be tempted to plead guilty just to put the experience behind you. That's completely understandable, but you should know that there may be excellent reasons to fight your case. To learn more about aggressive defenses to DUI charges, please contact the Montgomery County DUI attorneys today (877) 842-1529 for a free consultation.