What are My Rights at a DWI / DUI Checkpoints?
The legal validity of DWI checkpoints is a contentious issue. So far 39 states have enacted laws allowing the police to set up checkpoints to identify drunk drivers. These checkpoints have raised a great many concerns from citizens, fearing that these laws allow the government too much leeway to intrude upon their Constitutional rights.
North Carolina permits police to set up DUI checkpoints.
The 4th Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. The U.S. Supreme Court has ruled that DUI checkpoints do not violate the 4th Amendment protections against unreasonable searches and seizures as long as the police follow certain guidelines. In reaching its decision, the Court balanced the state’s need to protect the public from drunk drivers against the intrusion upon an individual’s personal liberty.
While DUI checkpoints are legal in North Carolina, this doesn’t mean that the police officers are free to do whatever they please at a DUI checkpoint. The State of North Carolina has a minimum set of requirements that must be met in order for a DUI checkpoint stop to be legal. If you have been arrested at a DUI checkpoint, don’t despair; get the advice of an experienced Charlotte criminal defense attorneys to make sure that your Constitutional rights are protected.
The Law Offices of Charles L. Morgan Jr.
Charles “Chuck” Morgan has over 35 years experience as a criminal defense attorneys. His law firm is dedicated to setting up a legal defense that is based on the facts. Mr. Morgan has put together an expert team that includes private investigators who will work hard to discover facts and evidence that can be helpful in your defense. Chuck will fight the prosecutor every step of the way to get you fair justice under the law.
If you are facing criminal charges resulting from an arrest at a DUI checkpoint, you need to get the professional advice of a Charlotte criminal defense attorneys immediately.
Call the Morgan Law to get a confidential case evaluation now.