Were you arrested for driving while intoxicated (DWI) at a New Jersey checkpoint? If so, you need to reach out to a New Jersey DWI attorney without delay. DUI charges should never be taken lightly because they can have serious adverse consequences for an individual’s life. With years of experience, we understand the nuances of this area of law and can apply our knowledge to your case. We can analyze the situation and determine the validity of your arrest.
Both the United States and the New Jersey Supreme Courts have ruled that sobriety checkpoints are constitutional, although some states prohibit their use. In New Jersey, these checkpoints are allowed as long as they do not violate the U.S. Constitution’s Fourth Amendment prohibition against unreasonable searches and seizures, and police must follow certain guidelines.
In New Jersey, a sobriety checkpoint must be announced to the public in advance. Vehicles are required to be selected by a mathematical formula, the checkpoints must be maintained in a safe manner for both police officers and motorists, and the time for each stop must be minimal, simply giving the officers a chance to check for overt signs of impairment. In addition, checkpoints must clearly be marked and permit an alternate route around the checkpoint if drivers do not want to stop. Police officers cannot merely stop drivers for using the alternate route. However, a driver who avoids the checkpoint and shows obvious signs of intoxication or commits a traffic law violation can be stopped on the basis of probable cause.