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A lot of debate surrounds the use of sobriety checkpoints by police, commonly called “DUI checkpoints” by the public. The truth is that while some see this practice as infringing on the rights of citizens, the Kentucky, Tennessee and Federal Governments have determined that they are constitutional and appropriate for certain situations.
Sobriety checkpoints have been shown to effectively reduce the number of alcohol-related crashes by nearly 20 percent while saving police departments between $6 – $23 for every dollar invested in them, according to the Philadelphia Daily News.
At the same time, many people are not aware that they can legally turn away to avoid a checkpoint as long as they are not within a certain threshold and are not driving suspiciously. Drivers should also receive ample notice of the checkpoint by clearly marked vehicles, uniformed officers, and emergency lights.
So, while DUI checkpoints can, in fact, make us safer, drivers should know their rights when facing possible DUI charges. Additionally, injury victims should know that the law is on their side when they are hurt by a drunk driver. If you find yourself in this situation, you can work with a car accident attorney to recover the costs of your injury and any suffering you have endured.
In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court “affirmed that DUI checkpoints satisfy a strong state interest in removing drunk drivers from state highways, and this state interest outweighs the brief intrusion to a private motorist at a roadblock,” as discussed by the Kentucky League of Cities.
However, a more recent case in Kentucky, Commonwealth v. Buchanon (2003), established fairly rigid requirements for DUI checkpoints to be conducted. These guidelines boil down to:
In the end, research does show that DUI checkpoints are effective — an opinion affirmed by the Supreme Court and that they serve a purpose even if they inconvenience drivers personally. When people drive drunk, innocent people can be severely injured or even killed.
If you have been the victim of a drunk driving accident, know that you can recover the costs of medical treatment in addition to the pain and suffering you have endured. You can contact a car accident lawyer to review your case and form a strategy for your injury claim.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 800-800-4600.