DUI CHECKPOINTS TIME & DURATION REQUIREMENTS
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Time and Duration Requirements of DUI Checkpoints
TIME AND DURATION OF DUI CHECKPOINTS
Screening officers are known to direct drivers to a secondary screening area for the purposes of a further DUI investigation, based solely upon their admission to having even having the odor of an alcoholic beverage or admitting you had consumed any alcohol. Absent some sign of impairment, this further detention could be deemed to be unconstitutional depending on the time and duration of the detention.
DUI checkpoints can only pass constitutional muster where the initial screening is minimally intrusive and brief, and where only those drivers exhibiting signs of impairment are further detained to a secondary screening area. See Michigan Department of State Police v. Sitz, (1990) and Ingersoll v. Palmer, (1987). Where a motorist merely acknowledges to having had a drink or two, but the officer does not detect any sign of impairment (either in the manner of driving or by the operator’s physical manifestations), then there is no constitutional basis for further detention to a secondary screening area.
To learn more about DUI Checkpoints and/or Roadblocks, read these other posts:
DUI Checkpoints (Part I) – The Evolution of DUI Checkpoints & Roadblocks
DUI Checkpoints (Part II) – The Neutral Mathematical Formula Requirement
DUI Checkpoints (Part III) – The Time and Duration Requirements
DUI Checkpoints (Part IV) – The Advanced Publicity Requirement
DUI Checkpoints (Part V) – Detentions for Avoiding a DUI Checkpoint
If you were arrested at a DUI Checkpoint, contact Peter F. Iocona, Attorney at Law and one of the experienced Orange County DUI Lawyers from The SoCal Law Network today for a free DUI Consultation and Case Evaluation.Click To Call Set Appointment