September 28, 2012
/24-7PressRelease/ -- The Community Action for a Safer Tomorrow Coalition (CAST) has announced that the local community is going to increase its efforts to reduce drunk driving accidents and underage drinking.
The members of CAST are a taskforce of local police, highway control, representatives from the local school district and other community members. Together they plan to provide more education, more DUI checkpoints and more training for law enforcement to deter people from driving under the influence.
CAST has revealed that since March 1, 2012, the police have conducted 46 DUI checkpoints and 18 saturation patrols. Because of these police tactics, 323 charges were filed; 50 of which were
driving under the influence (DUI) charges.
What is a DUI Check Point?
A DUI checkpoint is a police roadblock set up to determine whether drivers are driving under the influence of alcohol or drugs. Generally, a roadblock is set up at a place and time that the police suspect they will find intoxicated motorists, for example, near a busy bar, a sporting event, on New Year's Eve or other holidays.
Some states have found DUI checkpoints illegal because they violate the Fourth Amendment, which states, "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...." While controversial, DUI checkpoints are legal in South Carolina, but they still must comply with the Constitution.
Defending Against DUI Checkpoint Arrests
An experienced DUI lawyer can challenge the evidence obtained during a DUI checkpoint. DUI arrests that result from a police roadblock may be invalidated if the police failed to follow the specific procedures and policies set forth by their department.
Law enforcement will have to prove that they had probable cause to administer field sobriety tests or blood alcohol tests. The proof typically offered to show probable cause is the arresting officer's testimony that he or she smelled alcohol on the driver or that the driver had slurred speech or blood shot eyes.
If law enforcement suspects DUI, the officer will likely administer a battery of field sobriety tests. However, officers must follow protocol to ensure accuracy of the tests. Any deviation from the trained protocol could render the results of the tests inadmissible.
If you were recently arrested for drunk driving at a DUI checkpoint, contact an experienced DUI defense attorney. A DUI attorney can investigate the arrest and the constitutionality of the roadblock itself, and help you determine if the arrest was valid.
Article provided by Carroll Law Firm
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