New Hampshire DWI Defense Attorneys
New Hampshire Drunk Driving Sobriety Checkpoints & DUI Roadblocks
Law enforcement agencies throughout New Hampshire regularly use sobriety checkpoints, or DUI roadblocks to detect and deter drunk drivers. Although many New Hampshire citizens believe DUI roadblocks or sobriety checkpoints are a violation of their Constitutional rights and are an illegal search, the United States Supreme Court held in Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990), that the sobriety checkpoint in question did not violate the Fourth Amendment prohibition against unreasonable search and seizure.
In New Hampshire, sobriety checkpoints must be conducted in a Constitutionally permissible manner following a specific set of “guidelines”. These guidelines relate to such matters including the location, publicity, and operation of the sobriety checkpoint. The National Highway Traffic Safety Administration (NHTSA) has a published report which recommends a set protocol for the operation of sobriety roadblocks. And, the New Hampshire Attorney General’s Office has disseminated guidelines for New Hampshire law enforcement agencies to follow when conducting a sobriety checkpoint.
When a driver approaches a sobriety checkpoint, he or she will be immediately asked to produce his or her license and registration. The driver will then generally be asked about his origination or destination, whether he had been drinking, and if there is any alcohol or drugs in the car. If an officer suspects that the driver had been drinking or is under the influence of alcohol or drugs, the driver will immediately be asked to step from the vehicle to perform a series of Standardized Field Sobriety Tests. The driver will usually be asked to also submit to a breath or blood test, which test is often conducted in the New Hampshire DUI Mobile Command Center, which will be stationed at or near the sobriety checkpoint.
If you or someone you love has been arrested for DUI or DWI in New Hampshire involving a sobriety checkpoint, do not hesitate to contact a skilled New Hampshire sobriety checkpoint defense attorney at Tenn And Tenn, P.A. Please call us today at 1-888-511-1010 for a free telephone consultation of your DUI or DWI case.
