During my time with the District Attorney's Office, I had a number of occasions to participate and in and view first hand these types of checkpoints. I also handled dozens of hearings where individuals charged with a wide range of crimes (from DWI to drug possession) challenged the validity of the checkpoint. Most people coming across a sobriety checkpoint have the same experience I did, 10-15 seconds of inconvenience and then you are on your way. You may not have given it much thought. The checkpoint, however, is a police intrusion in to your Constitutional Fourth Amendment Right to be free of Unreasonable Searches and Seizures. Due to the fact that the police are conducting a warrantless search, and in most instances, an inquiry not based on any reasonable suspicion or probable cause, there are a number of rules that the police must follow in order for their search and any evidence derived therefrom to be admissible against an individual charged with a crime stemming from the stop.
I found a decent explanation of the rights that you have as a citizen being subjected to a police checkpoint. (The site can be viewed by clicking here) You may find the information interesting, especially if you happen to have been nabbed over the weekend by one of these DWI checkpoints.
In addition to the law enforcement goal of catching drunk drivers, DWI checkpoints have a tendency to be a good return on investment for the government. You have probably noticed that most of the checkpoints are set up during times when people are more likely to be out and about drinking (makes sense, right?). If an individual is arrested for a first-time DWI, they are facing a misdemeanor charge that carries with it up to 1 year in jail. It is the equivalent level charge with a petit larceny, assault 3rd or criminal mischief 4th. It carries with it, however, significantly higher financial consequences to the accused, both on the Department of Motor Vehicles end and the court end. The minimum fine on a DWI conviction (non-aggravated) is currently $500 along with a $250 surcharge. In addition, Department of Motor Vehicles will charge a total of $750 over 3 years in order for the convicted person to maintain their driver's license. So it is obvious that the government is generating a significant amount of revenue from DWI charges (when was the last time you heard of special details and overtime for the cops to go after petit larceny charges?). In addition to the court and DMV costs, your car was likely towed. You will have legal costs on top of everything else. The lesson learned is usually that a cab ride from Rochester all the way to Buffalo would have been cheaper than choosing to get behind the wheel after drinking.
If you need help after encountering a DWI checkpoint, give me a call or e-mail. www.rochesterdwihelp.com or 585-232-7747
