DUI/DWI Stops must follow constitutional requirements to be a valid DUI/DWI stop or check point.
The police departments in most states use DUI/DWI stops or check points as part of their strategy against drunk driving. Initially, when these stops were first introduced, the courts in many states declared them as illegal. However in 1990, the United States Supreme Court declared these DUI/DWI check points to be legal but left it to the states to determine whether or not to use them as part of their strategy against drunk driving. The following states do not use DUI/DWI stops or check points and they are considered illegal in these states:
- Rhode Island
Even if the state law allows the use of DUI/DWI stops or check points, you can challenge the constitutional validity of these stops or check points. The Supreme Court may have declared them legal but has laid down certain requirements. The stops or check points must be well publicized. Every driver must have an equal chance of being stopped and checked for DUI/DWI. The police department must be able to justify the selection of the location for the stop or check point.
If you have been arrested for DUI/DWI at a DUI/DWI stop or check point, contact an experienced DUI/DWI lawyer. The stop or check point itself may not be constitutionally valid.