Reason for the DUI Stop
The first step in attacking a roadblock is to make sure it was the only basis for the DUI stop. Your attorney will properly evaluate the case to determine whether or not the detaining officer claimed there were any other reasons for the stop, such as traffic violations or equipment violations. If your lawyer finds any other reason for the drunk driving detention, then your DUI charges will be dismissed.
Constitutionality of the Roadblock
The second step is to determine if the sobriety checkpoint was created and operated in a constitutional manner. The Supreme Court has ruled on how roadblocks can be implemented, and there are certain requirements law enforcement offices must take to ensure the constitutionality of each roadblock or checkpoint. If the roadblock was not constitutional, then the DUI charges will also be dismissed.
We Can Help
Roadblock cases are unique to other DUI cases. As such, it is imperative that you seek the legal assistance of a Memphis DUI lawyer as soon as you have been arrested for a DUI at a sobriety checkpoint.
For more information or to schedule a complimentary consultation with an experienced and knowledgeable attorney, call The Willis Law Firm at (901) DUI-DAVE.