West Chester DUI Sobriety Checkpoints

Pennsylvania is among the 38 states where sobriety checkpoints are legal. The remaining 12 states prohibit sobriety checkpoints either under state law or the Constitution. Checkpoints in Pennsylvania may also be referred to as roadblocks or mobile checkpoints. Law enforcement sets up a traffic stop, which is not tied to a specific suspicion, with random locations to perform a sobriety checkpoint. Vehicles are stopped, and each driver is briefly interviewed by law enforcement during a Pennsylvania sobriety checkpoint. Any driver who appears to be inebriated or under the influence of drugs will be subject to regular field sobriety tests. The CDC believes these sobriety checkpoints could potentially prevent one out of ten deaths related to drunk drivers.

The question many have regarding these sobriety checkpoints is whether an officer must have probable cause to stop drivers and check to see if any of those drivers are inebriated. While our Constitution does require probable cause, the U.S. Supreme Court has, in effect, overridden that part of the constitution under the theory the dangers to the public from drunk drivers outweigh the intrusion of sobriety checkpoints. Perhaps in an attempt to further minimize the intrusion factor, the NHSTB issued specific guidelines for law enforcement during the roadblock. The most important guideline is that the sobriety checkpoints must be publicized ahead of time.

Laws Governing Sobriety Checkpoints

Many of the guidelines that currently govern sobriety checkpoints are the result of the Supreme Court case Michigan Dept. of State Police vs. Sitz. In this case, the court ruled sobriety checkpoints must use a “neutral mathematical formula” in the selection of drivers or vehicles to stop, rather than appearance, and must not be left to the subjective discretion of police officers at the scene. Sobriety checkpoints are also required to be highly visible and must minimize the amount of time each driver spends stopped at the checkpoint.

Pennsylvania Law Says DUI Checkpoints Are Legal

Both the Commonwealth and federal laws have determined that sobriety checkpoints are legal. According to the U.S. Supreme Court, DUI checkpoints are an exception to your Fourth Amendment rights, which protect you from unlawful searches and seizures. They meet the standard for reasonable search and seizures, so law enforcement officials do not require probable cause to stop motorists during sobriety checkpoints. 

However, this is only true if the DUI checkpoint follows specific requirements. According to Pennsylvania law, officers at sobriety checkpoints are required to use a “systematic program” while checking vehicles and motorists for suspicion of drunk driving. The law describes a five-factor test to determine whether the checkpoint in question is legal. These factors include:

1. Warnings and visible signs of a sobriety checkpoint ahead
2. Motorists cannot be subject to a physical search and can only be stopped for a short period of time
3. DUI checkpoint must be scheduled with a specific time and location and must have administrative approval before being conducted
4. Vehicles can only be stopped by objective, predetermined, and fixed standards established by administrators as opposed to the officers responsible for conducting the DUI checkpoint
5. Sobriety checkpoint must be based on reasonable knowledge of the time and place where impaired drivers are likely to travel through

If these five factors are not met, you may be able to avoid the consequences of a DUI conviction. If the sobriety checkpoint that led to your DUI charges was illegal, you may have the opportunity to get the charges against you dismissed or reduced to a less serious charge. While you cannot always avoid sobriety checkpoints, when you understand your rights and how to encounter DUI checkpoints, you can protect yourself.

Your Rights at a DUI Checkpoint in West Chester

Understanding your rights at a DUI checkpoint is crucial. If you believe your rights have been violated, you should report your concerns to your criminal defense attorney for review. If we find law enforcement officers have violated your rights during a sobriety checkpoint, we may be able to work with the prosecutor to obtain a plea agreement or the court system may decide to dismiss your charges entirely. At a West Chester County DUI checkpoint, your rights include the following:

• You are only required to provide police with your name, registration, driver’s license, and proof of insurance when you are directed to pull over at a sobriety checkpoint.
• You have the right to turn away or around instead of proceeding through a DUI checkpoint as long as the turn is safe and legal. If you do not turn around or away legally, law enforcement officers may decide to pull you over for a traffic violation.
• You have the right to refuse preliminary breath tests and field sobriety tests. However, Pennsylvania has implied consent laws, which assume all motorists have given their implied consent for chemical testing after being arrested on suspicion of DUI. If you refuse to consent to chemical testing, your license will be suspended for a minimum of one year according to 75 Pa.C.S. § 1547 if this is your first offense. Habitual offenders may face an 18-month license suspension, even if they are ultimately acquitted of the DUI charges against them.
• You have the right to refuse to answer questions about whether you have been drinking, where you are going, what you have been doing, or other related questions.

It is important to know that if the police officer directs you to exit your vehicle, you are legally required to do so. Even if you do not consent to a field sobriety or chemical breath test, DUI checkpoint officers have the authority to arrest you if they believe there is probable cause. DUI charges in Pennsylvania can be tried at the misdemeanor or felony level based on the specific circumstances of your case. The details of your sobriety checkpoint could have a significant impact on the outcome of your criminal case. Speak to a criminal defense lawyer in West Chester to learn more 

Where DUI Checkpoints Occur

There are specific requirements that determine where DUI checkpoints can occur in Pennsylvania. Law enforcement officials are legally required to publicly announce the sobriety checkpoint in advance of the event. They are prohibited from going on indefinitely and must occur in locations that see a significant number of drunk driving stops based on prior police data. DUI checkpoints must also include signs that sufficiently alert motorists of the sobriety checkpoint ahead.

What to Expect When You Enter The DUI Checkpoint

If you proceed through a DUI checkpoint, it is important to remain calm. Do not do anything that may draw attention to yourself. Law enforcement officers may ask you to roll down your window, where you were going, where you have been, and other questions. You are under no legal obligation to respond to these. 

However, you must provide them with your registration, driver’s license, and proof of insurance. Remember, the less you say to law enforcement officials, the better, as anything you say could be used against you if you are charged with drunk or impaired driving.

Legally Avoiding a Pennsylvania Sobriety Checkpoint

In Pennsylvania, sobriety checkpoints are conducted at predetermined, fixed locations, and often occur late at night or in the very early morning hours. Although not all states allow a person approaching a sobriety checkpoint to turn around, Pennsylvania law does allow a legal U-turn or a turn onto a side road. Even if a Pennsylvania police officer sees the driver perform such a maneuver, he or she is not allowed to pull the driver over under the belief that the maneuver showed guilt of intoxication. If there is no way to avoid the checkpoint, the law requires all drivers to open their window and speak to the police officer. If the officer detects the smell of alcohol or has other reason to believe the driver is intoxicated, the driver may be asked to drive to a separate area and undergo field sobriety testing.

Unavoidable Sobriety Checkpoints

If there is no way to avoid the checkpoint, the law requires drivers to open their window and speak to the police officer. If the officer detects the smell of alcohol or has other reason to believe the driver is intoxicated, the driver may be asked to drive to a separate area and undergo field sobriety testing—which the suspect may refuse. A Breathalyzer test may only be administered during a Pennsylvania sobriety checkpoint stop if reasonable suspicion exists—requiring a Breathalyzer test with no particularized suspicion clearly violates the suspect’s Fourth Amendment rights.

Challenging a Pennsylvania Sobriety Checkpoint Stop

While Pennsylvania sobriety checkpoint stops are legal, challenges to the stop may exist if the rules that govern those stops are not properly followed. If the plans for the sobriety checkpoint were not submitted to a magistrate for approval, the results of that stop may be challenged. If a Breathalyzer was administered without reasonable suspicion of intoxication, a challenge may potentially exist. Finally, if it can be shown the police stopped a specific vehicle or driver based on a subjective determination of appearance, then a subsequent arrest may be challenged. Police officers are required to adhere to a random sequence of stops, such as every third car or every other car.

Take Miranda Rights Seriously

Those who are under suspicion of DUI are not required to answer any questions asked by the police officer and should not answer questions other than politely giving their name and address. Drivers are allowed to refuse a breath test or field sobriety test under Pennsylvania law and may also refuse to allow a search of their vehicle. Yet, it is important to know that failure to submit to a breath test or field sobriety test may have consequences.

Speaking to an experienced Pennsylvania DUI attorney as soon as possible is very important; the penalties for a DUI conviction can be quite serious, affecting the ability to obtain future employment in addition to the criminal penalties imposed.

How an Aggressive West Chester DUI Attorney Can Help

If you are found guilty of driving under the influence, your entire world could change. The consequences of a guilty verdict may haunt you for the foreseeable future. For this reason, you must get a knowledgeable and experienced criminal defense attorney to help you challenge the drunk driving charges against you. When you choose Ciccarelli Law Offices to handle your DUI case, you can expect your criminal defender to:

• Conduct an intensive investigation into your traffic stop and DUI arrest to determine whether responding officers violated your constitutional rights by conducting an unlawful or illegal search and seizure
• Collect valuable evidence to support your case or challenge the evidence the state has against you
• Analyze the state evidence during the discovery
• Request independent lab testing of your provided BAC levels
• Challenge any evidence that was unlawfully obtained to get it dismissed before trial
• Work with the prosecutor to obtain a DUI plea deal or get you entered into a DUI IPP program
• Craft a compelling defense strategy that the likelihood of a positive outcome
• Aggressively defend your case at trial so the judge and jury return a verdict in your favor

While the drunk or drugged driving charges against you can be overwhelming, they do not need to define you. When you have a seasoned DUI attorney handling your case, you can feel confident in your ability to clear your name of the allegations against you or get your DUI charges reduced to a less serious offense or dismissed altogether.

Contact Our Chester County DUI Defense Attorneys

The West Chester DUI defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been arrested and charged with DUI. Our Chester County-based law firm is based at 304 North High Street, West Chester PA 19380, and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli.

We serve Downingtown, Paoli, Media, Norristown, Harrisburg, Lancaster, Lebanon, Reading and Allentown.  For more information or to schedule an appointment with an experienced  DUI Sobriety Checkpoint lawyer at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.