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10 Survival Tips - Arizona DUI Sobriety Checkpoints

Phoenix DUI Lawyer

It's prime time for Arizona DUI sobriety checkpoints and Arizona DUI roadblocks. Even unimpaired Arizona drivers are subject to Arizona DUI Roadblocks and AZ DUI Sobriety Checkpoints. But do you want to take that chance even if you are not impaired? In Arizona, the police will be stopping vehicles according to a random mathematical formula decided in advance by police force management or other local jurisdictional authority to stop drivers and find Phoenix DUI or Phoenix drug DUI drivers. If you find yourself stopped at an Arizona DUI sobriety checkpoint, you will be asked to produce your driver's license and registration. The police are trained to look for cues of drivers suspected of Arizona DUI or Arizona Drug DUI. They will watch to see if you are fumbling to find the documents, observe if you are displaying nervousness or suspect behavior, as would a person drunk driving or impaired by a drug or medication. They may ask you to step out of your vehicle or pull you out of the line of traffic to investigate further. They may decide to have DUI drug testing done for Drug DUI or a breath test for DUI with alcohol. You should know that an Arizona DUI or Drug DUI received at an Maricopa County Arizona DUI checkpoint is just as severe as an Arizona DUI or Arizona Drug DUI charge given at an independent stop. The punishments if convicted are just as harsh and Arizona some of the most severe DUI penalties in the country. Therefore, you have received an Arizona DUI or Arizona Drug DUI you should consult a Phoenix Arizona DUI Lawyer, or Arizona Criminal Defense Attorney as soon as possible regarding your defense.

Here three of twelve guidelines adopted by Arizona, and offered by the National Highway Traffic and Safety Administration (NHTSA), regarding DUI checkpoint stops. These three guidelines can work to a driver's advantage to help them avoid, Arizona Drug DUI or Arizona DUI at an Arizona DUI checkpoint completely:
• The public should be aggressively informed of sobriety checkpoints with ample warning so drivers can avoid them completely.
• Police presence should be obvious when approaching a checkpoint.
• Drivers should be sufficiently warned of an upcoming checkpoint

Here are some tips to prepare for a 2010 Arizona DUI sobriety checkpoints:

1. The best way to avoid being stopped at a Phoenix, Tempe, Mesa, Gilbert, Scottsdale, Chandler or other City in Maricopa County Arizona DUI checkpoint is to find out in advance where the planned Arizona DUI roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com, has become increasingly popular. Others are using Text Messaging, iPhones, Smart Phones, and other technological resources to keep each other informed.

2. If you will be driving, know in advance, know exactly where your license and registration are located and make sure they are accessible.

3. Try to stay calm (easier said than done).

4. Do not joke around with the police or passengers in the vehicle with you. In fact, it would be a good idea to alert the passengers that you are approaching a Phoenix DUI Sobriety checkpoint; and that you would appreciate their silence and respect through the process. It's your future and freedom at stake, (unless they are or have been drinking under the age of 21.) Recognize that the police officer is just doing his or her job. Be polite, courteous and respectful.

5. Do not complain about being stopped at the Arizona DUI Checkpoint.

6. Produce your license and registration as requested timely and without question.

7. Do not offer information as to where you are going or where you have been.

8. Do not offer information about having had any alcohol or drugs recently or in the past.

9. Do not offer information about any medical conditions you may have, drug, or medications you have taken or have in your possession. That may encourage them to embark on a Drug DUI and may cue them to suspect you of a drug DUI.

10. Do not allow passengers to have or carry opened alcoholic beverage containers in your vehicle. Let them know your rules in advance of leaving for your destination. Simply explain that you do not wish to transport opened alcohol containers, drugs, or drug paraphernalia in your vehicle. It's not easy to say to a friend, especially in light of peer pressure. But it's your responsibility as the driver to enforce your rules. Ultimately it is your responsibility. You will be the one stopped by the police. You will be the one first investigated and most likely held responsible, and charged with DUI, Drug DUI, Drug or drug paraphernalia use or possession.

Continue reading "2010 - Arizona DUI Checkpoints" »

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.

Continue reading "Arizona DUI charges: Defenses for AZ DUI Sobriety Checkpoint Stops" »

Thousands of Arizona DUI Arrests occur each year at Arizona DUI Sobriety Checkpoints,
(also known as AZ DUI Road blocks, and Roadside safety checks). Top Arizona DUI Defense Attorneys will tell you that the primary purpose for them is for law enforcement to catch drivers driving impaired under the influence of alcohol or drugs Arizona is one of 38 states who conduct these Sobriety Checkpoints as allowed by the Arizona Authority, Law, and Constitution. Each state is responsible for creating its own set of procedures.

However, 12 guidelines are offered by the National Highway Traffic and Safety Administration (NHTSA):

1) The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.

2) Police presence should be obvious when approaching a checkpoint.

3) Drivers should be sufficiently warned of an upcoming checkpoint.

4) The logistics of chemical testing must allow expeditious transport of suspects to a chemical testing site.

5) They must be part of an ongoing program to deter drunk driving.

6) They should have support of the judicial system, for example a District, County or State Prosecutors' Offices.

7) The selection of the checkpoints must be done in the interest of public safety and chosen for a specific objective (an unusual number of drunk driving accidents that area).

8) Any change in the original planning of a checkpoint must be well documented.

9) Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.

10) There must be established procedures for how to properly operate a checkpoint.

11) Feedback should be requested from citizens who are stopped to help determine if the program is effective.

12) Trained Police Officers must do all the DUI investigating.

The best way to avoid being stopped at an Arizona DUI checkpoint, is to find out in advance where the planned roadblocks will be. Some resources to obtain notice include your local newspaper, radio, TV and the internet. Many AZ DUI checkpoint announcements are posted on local state, county, city, and government websites. Posting on social networks such as Twitter.com has become increasingly popular.

Continue reading "AZ DUI Checkpoints: 12 Facts About AZ Sobriety Checkpoints! " »