Phoenix DUI Lawyer Blog

DUI Checkpoint stops are unique compared to an Arizona DUI stops made by individual police officers who observed you behind the wheel of a vehicle in absence of a DUI Roadblock. With regard to an AZ DUI checkpoint stop, your Arizona DUI Defense Attorney will argue that the Arizona Prosecution bears the burden to prove
the checkpoint itself and checkpoint protocol used complied with the federal and local laws and guidelines.

Thus the burden of proof weighs heavily on the police officer and law enforcement agency to prove compliance from beginning to end for checkpoint stops based on National Highway Traffic and Safety Administration (NHTSA) guidelines and Local Procedures adapted by the State, City or other local area you were stopped.

In contrast, for an individual to be stopped by a police officer while they are driving or have the potential to drive being behind the wheel of an auto, there must be suspicion of DUI, for the stop to be valid. In absence of a DUI Checkpoint situation, prosecution need only to prove that the stop itself was valid, due to suspicion that the driver may be impaired due to alcohol or drugs.

In an AZ DUI Checkpoint stop, the Federal Guidelines require vehicles to be stopped based upon the selection of a mathematical formula of sorts such as stopping every second, or third vehicle. This is done to deter police misconduct such as racial profiling.

Checkpoints must minimize the average time each motorist is detained. This means the
officer can't just ask you to step out of your car without reason to suspect you are impaired by alcohol or drugs. In other words, there must be noticeable signs of impairment . If such signs do not exist, you must be allowed to drive on.

If the officer decides that you display signs of impairment, you will be redirected from the vehicles in line at the DUI roadblock to a separate area where they will continue further investigation of DUI. From this point, it is not much different than a regular Arizona DUI stop by a police officer.

If you were stopped at an Arizona DUI Checkpoint, and charged with DUI in Arizona, you should retain the services of an experienced Arizona DUI defense Attorney. After gathering and examining of all the evidence, they will determine if your constitutional rights were violated; make sure you were not unlawfully searched; and determine if the checkpoint complied with the Federal, state, and local laws and procedures relating to DUI Checkpoints. If violations exist, your Arizona DUI Lawyer may be able to suppress evidence, or even in some cases get a dismissal.