Some people facing driving under the influence (DUI) charges in Virginia are arrested after a crash occurs. Others face prosecution because a police officer saw them doing something unusual in traffic and pulled them over.
However, Virginia police departments also sometimes conduct mass enforcement efforts in the form of DUI checkpoints or sobriety roadblocks. Police officers can screen every driver passing through a checkpoint for signs of impairment and may arrest anyone who seems to be under the influence while in control of a motor vehicle. Those arrested at checkpoints have the right to defend against the charges they face like anyone else accused of a DUI offense.
What defense strategies do those arrested at roadblocks or checkpoints often utilize?
Challenging checkpoint practices
Like most other states in the country, Virginia allows police departments to establish checkpoints in certain circumstances. The federal Supreme Court has validated the use of DUI checkpoints as a Constitutional practice. Police departments typically have to file paperwork ahead of time and strictly adhere to best practices when conducting the checkpoint. Any proof that the police department did not follow best practices when setting up a checkpoint could give those accused of breaking the law grounds to challenge their arrest and prosecution.
Providing an alternate explanation
Police officers frequently rely on a combination of field sobriety testing and chemical tests to justify checkpoint arrests. Drivers may be able to work with their lawyers to establish a reasonable explanation for why they failed a chemical test or a field sobriety test. For example, perhaps they have a pre-existing medical condition that affects their motor control or speech. Maybe they have blood sugar issues or follow a specialized diet that might produce a false positive on a breath test.
There are many different circumstances that may raise questions about whether someone was really under the influence when they encountered the checkpoint. Other times, it might be possible to show that there may have been an issue with the device used to establish the driver’s blood alcohol concentration. Calibration and maintenance issues or improper training could lead to unreliable results during the chemical testing process.
Those arrested at DUI checkpoints may have several reasonable defense strategies available to them depending on their circumstances. Reviewing the state’s evidence and the paperwork for the checkpoint with a skilled legal team can be a good starting point for those hoping to fight their pending DUI charges.
