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posted on 11/19/17

Almost all DUI cases begin with traffic stops. Third-party tips, either ones phoned in from citizens or reported over police radios, initiate a handful, as well. Jurisdictions that rely on responsive policing, in which officers keep a low profile unless there is an emergency, almost exclusively rely on one-on-one stops.

Most jurisdictions employ a high-visibility deterrence theory. One-on-one stops are important in these jurisdictions, but officers also use either DUI checkpoints or saturation patrols. The type of stop matters a great deal because there are some additional DUI defenses available in enhanced stop cases.

DUI Checkpoints

These roadblocks usually appear only during holidays commonly associated with drinking and driving, such as Memorial Day and New Year’s Eve. DUI checkpoints are highly controversial, especially in Illinois. In 2015, an analysis concluded that some jurisdictions in Chicagoland spent an enormous amount of money on checkpoints even though the strategy bore very little fruit. Many jurisdictions, including the Lake County Sheriff’s office, spent over $1,000 per DUI arrest, and many other jurisdictions, including Fox Lake, spent substantially more than that. DUI roadblocks are so expensive, in part, because of the manpower and overtime pay often involved.

There are restrictions in place on DUI checkpoints largely due to Supreme Court cases like Michigan State Police v. Sitz.

  • Pre-Checkpoint Publicity: The agency must publicize the checkpoint’s location in advance to give motorists the opportunity to avoid the area altogether. A notice on the department’s website may or may not suffice.
  • Preset Details: All the roadblock’s features, including the specific location, times, and manner of stopping vehicles, must be set in advance. Officers on the scene can have absolutely no discretion over any of these matters.
  • Brief Stop: To keep traffic moving, officers typically only stop every third or fourth vehicle. To do more risks backing up traffic to the point that the delay to motorists becomes unreasonable.

Any deviation from any of these requirements, no matter how slight, may serve to invalidate the checkpoint and any stops or arrests made as a result of the defective roadblock.

It is also important to point out that drivers have rights at these checkpoints. They must comply with the officers’ request to show their drivers’ licenses and other documents, but they do not have to answer any questions or even roll down their windows. Drivers also have the right to turn around so as to not go through the checkpoint, but officers may well trail said motorists for at least a few blocks.

STEP Campaigns

Because of privacy concerns and also because of a lack of funding, many states are reducing the number of checkpoints. In fact, earlier this year, Missouri lawmakers reduced the state’s roadblock budget from $20 million to $1. Therefore, many departments are moving away from fixed roadblocks to Selective Traffic Enforcement Programs.

In these saturation patrols, supervisors pull officers off their normal schedules and redirect them to specific areas. They are then instructed to issue as many citations as possible for a certain infraction, such as speeding, DUI, or whatever.

Evidence, especially at the initial stop phase, is often weak in these situations because officers make arrests or issue citations in situations that probably mandate warnings. There are often overall issues as well, as the directive to target specified offenses often smacks of a police dragnet to some jurors.

Contact Aggressive Lawyers

The type of stop has considerable bearing on a DUI defense strategy. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Luigi Manga)