Nearly everyone has seen sobriety checkpoints on busy nights and holidays. The roadblocks may seem like a normal part of policing, but the truth is that they were and are more controversial than many people realize. When Kansas City DUI lawyers go to bat against a charge, they argue against this method of policing fiercely, as other lawmakers do all across the country today. Although this strategy is used today, it hadn’t always been and there is still debate as to whether it should be.
It all started in 1986, when the Michigan State Police decided to employ a new strategy, now recognized as a sobriety checkpoint. The Fourth Amendment prevents unlawful search and seizure of United States citizens, so Rick Sitz began a suit against the state police not long after the checkpoints began. It isn’t legal to search people or their belongings without cause for suspicion. For the next four years, this case was argued in the courts, all the way up to the Supreme Court. In 1990, a decision was made in favor of the checkpoints.
Now, there are 38 states where it is legal for police to set up sobriety checks to deter and catch drunk drivers. But not everyone is on board. There are twelve states today that either forbid DUI checkpoints, or have made no stand on the practice, but simply do not employ these road blocks. There is a lot of division over whether or not these are in violation of constitutional rights, and not just on the state level.
Another motivation in the states that have outlawed DUI checkpoints is whether they are worth the tax payer money and police effort. For those who get issued a DUI at a checkpoint, there are Kansas City DUI lawyers who fight to ensure that their client’s rights were not violated in the process. Unless a police officer follows strict guidelines during an arrest following a checkpoint stop, there are ways it can be fought in court. Depending on the state constitution and the interpretation of those laws, DUI checkpoints are handled differently. The court will judge according to this set of guidelines.
In Missouri and Kansas, DUI checkpoints can be conducted once or twice a month by law enforcement, meaning that DUI attorneys in Kansas City know how to fight against these types of charges. They are dedicated to helping their clients retain their dignity, keep the money they work so hard for, keep their license, and make sure they receive the best possible outcome in their particular case. There’s no reason to let a DUI snowball out of control. A lot can go wrong in a DUI case. But with the right lawyer, you’ll be able to use the law to work for you rather than against you, and move on afterwards.