At their best, police officers help to enforce the law and promote order. However, sometimes their behavior can cross the line and violate the rights of individuals. Police officers may try to trick people into giving up their rights. Other times, they may flagrantly violate the law or the rights of individuals.
Certain law enforcement tactics may feel like a violation of an individual’s rights. Any motorist who has encountered a sobriety checkpoint likely feels that these enforcement efforts are inappropriate and invasive. Also known as driving under the influence (DUI) roadblocks, sobriety checkpoints allow police officers to screen every approaching driver for signs of intoxication.
Are roadblocks or checkpoints legal law enforcement tools in South Carolina?
The state permits the use of checkpoints
Although people often question the legality of sobriety checkpoints. Some people assert that they are a violation of their Constitutional rights. Despite those claims, the federal Supreme Court has affirmed that checkpoints are not innately a violation of constitutional rights.
So long as police officers limit the inconvenience they cause for motorists using a series of screening techniques, DUI checkpoints are legal. Generally speaking, police departments also have to file paperwork in advance when planning checkpoints.
Police officers cannot force every driver who stops at a checkpoint to submit to chemical testing. However, they can ask questions, identify drivers and ask those who show signs of intoxication to pull over for additional screening.
Drivers have the right to avoid checkpoints if they can legally pursue an alternate route. They can also assert their rights at a checkpoint by limiting what information they provide. Those arrested at DUI checkpoints may have several options available if they want to fight back against those charges.
While questioning the constitutionality of a checkpoint isn’t a viable strategy, there are other options. Mistakes with paperwork, inappropriate screening practices and mistakes during the testing process could all raise questions about whether someone actually violated DUI statutes.
Drivers facing DUI charges that begin at a checkpoint or roadblock may need help evaluating the state’s case to develop a defense strategy. Mounting an appropriate defense could help people avoid an DUI conviction that could lead to jail time, a driver’s license suspension and financial penalties.