Lawmakers are currently considering banning all DUI checkpoints. That’s rights, believe it or not, Utah may became one of the other several states who finally do away with drunk driving stops by checkpoint. Some individuals in the state legislature believe this practice is unconstitutional and there is good reason to suggest so despite the Utah Supreme Court and SCOTUS upholding the constitutionality of these stops under certain circumstances. The truth is that these checkpoints are a violation of your rights because it allows the police to stop and questions you despite any probable cause or reasonable suspicion. Under the constitution, all of us are suppose to be free from warrantless searches, checkpoints are an infringement of those rights. The Provo DUI defense lawyers at our office have been advocating for this ban for many years.
Procedures for Conducting DUI Checkpoints
Under current law, police officers can only conduct these checkpoints if certain procedures are followed. First, the officers have to submit a plan to a judge for approval of the checkpoint. Many argue that this is akin to getting a search warrant and therefore any constitutional issues are met. Second, the officers have to post public notice of the checkpoint stating when and where it will take place. In some cases, the issue of whether or not the notice was sufficient arises. Finally, when conducting the DUI stops, the police have to place road signs that direct traffic and give notice that the cars will be stopped for DUI checks. In some instances, the police do not follow the proper procedure and as a result cases against individuals charged with drunk driving in Utah though these stops may be dismissed.
Call for Free Consultation
If you have been charged with drunk driving in Utah, you have rights and should seek the guidance and expertise of a Provo DUI attorney. If you were arrested at DUI checkpoint in Utah, you should call us right away to find out what can be done for your defense. We work very aggressively to ensure your rights are protected and to keep you out of jail if possible. For more information, call us today. We look forward to your call.
