Wilmington DUI Stop Lawyer
Wilmington Sobriety Checkpoint Defense Lawyer
Sobriety checkpoints are used throughout Delaware as a means to reduce drunk driving in the state. Usually set up during the weekends, these roadblocks force every motorist traveling through to stop, giving police a chance to evaluate each driver’s sobriety.
If after speaking with you, you may be asked to perform field sobriety tests and you may be required to take the breath test. Depending upon the results of these tests you may be charged with DUI.
Because DUI roadblocks allow police officers to stop and question you without probable cause, they are ripe for constitutional abuse. As an experienced Wilmington DUI stop lawyer, I know the special rules and regulations police are required to follow at these sobriety checkpoints. Failure to comply with the law and procedures applicable to sobriety check points can be the basis for dismissal of the DUI charge.
If during these checkpoints police have reason to believe another crime is taking place, they can search your vehicle. If police find drugs or weapons, you will be charged with these additional crimes.
DUI Road Blocks: A Tool To Reduce Drunk Driving, Not A Fishing Expedition
For more than 30 years, I, Wilmington DUI stop lawyer Michael Modica, have been defending people charged with DUIs. I know the law — and the special rules applicable to DUI road blocks — and I fight to ensure my clients’ constitutional rights are not trampled upon.
I carefully evaluate the scene of the checkpoint to make sure that, first and foremost, the location for the checkpoint was legal. If police officers cannot demonstrate that the checkpoint was located at a high-risk area, then your stop was illegal. I also investigate to ensure that rules regarding staffing, hours of operation and interaction between police officers and citizens were followed.
While sobriety checkpoints are legal ways for officers to reduce drunk driving, they are not an opportunity for police to engage in a fishing expedition and disregard the constitutional rights of citizens.
If you were charged with DUI or driving with a suspended license at a DUI roadblock, contact me, Wilmington DUI road block arrest lawyer Michael Modica, today. All initial consultations are free.