Archive for the ‘sobriety checkpoint’ tag
August 17th, 2012 at 6:07 pm
DUI checkpoints and consequent roadside sobriety testing have become a common practice throughout Illinois. Although the Fourth Amendment to the U.S. Constitution affords protections against “unreasonable searches and seizures”, together with “probable cause” requirements, law enforcement use of DUI checkpoints is on the rise.
If you are arrested with DUI at an Illinois roadside sobriety checkpoint, you should contact an attorney skilled at attacking the Constitutionality of such checkpoints as soon as possible. The first thing Illinois DUI checkpoint attorneys would communicate to anyone involved in a DUI checkpoint stop – is that these cases are most definitely fightable.
Illinois law gives an experienced DUI attorney tremendous power to obtain critical information concerning a particular checkpoint’s Constitutional validity. All Illinois checkpoints are not the same, all agencies are not the same, and a number of distinct factors must be examined to determine whether a given checkpoint was in compliance with Constitutional mandates.
The key is that each and every single roadside sobriety checkpoint must be scrutinized to see if it is in compliance with U.S. Constitutional law. There is a great deal of case law and other important material on this subject. This can help one tremendously if charged with a DUI after driving into an Illinois area DUI checkpoint.
It is particularly important in an Illinois DUI checkpoint case that one meet with an attorney experienced in fighting these matters as soon as possible. Facts concerning checkpoint setup and procedure are critical, and memories fade. Documenting exactly what was observed and what happened, step by step can be crucial. Illinois DUI checkpoint attorneys can make the difference saving ones driver’s license from being suspended.
If you are involved in DUI charge from a checkpoint stop, you need the best DUI attorney available in Illinois who can provide you with expert legal advice and guidance throughout your ordeal. Contact a professional drunk driving lawyer today who is on your side with regards to your rights and privileges involving any kind of drunk driving charge.