During high drinking-and-driving holidays like this one, law enforcement is unusually active. Furthermore, the tactics they use are designed to catch unsuspecting drunk drivers. Chicagoland peace officers are out to arrest as many DUI suspects as possible over the St. Patrick’s Day weekend.
Some DUI Roadblock Rules in Chicago
Police and prosecutors love DUI checkpoints. If not for their enormous cost, these police roadblocks would probably be on almost every intersection on almost every weekend. But cost is one of the most controversial elements in these roadblocks. Many Chicagoland law enforcement divisions have been criticized for spending thousands on DUI checkpoints that result in only a handful of arrests.
There are legal issues, as well. DUI roadblocks allow law enforcement to bypass the reasonable suspicion rule. This doctrine prevents officers from rounding up people based on only their hunches or gut instinct. In other words, the reasonable suspicion rule is an important right.
So, the United States Supreme Court and other judicial bodies have set forth a number of special standards for DUI checkpoints. If law enforcement violates even one rule, the judge could invalidate the entire checkpoint. Some of these rules include:
- Comprehensive Pre-Planning: Every detail about the checkpoint, including the hours of operation, location, and manner of stopping vehicles, must come from a supervisor before officers activate the checkpoint.
- Signage: Chicago roadblocks must be formal. There must be clearly visible signs that state the purpose of the checkpoint. Moreover, officers must begin blocking lanes far enough away to give drivers the option to turn around.
- Neutral Approach: Officers cannot wave through some vehicles and only stop the ones that “look suspicious.” Officers usually cannot stop every vehicle, either, because that would back up traffic. Instead, they must adopt a neutral approach, such as stopping every third vehicle, and stick with it.
You have rights at a checkpoint. Drivers must display the requested information, which is usually a drivers’ license and proof of insurance. However, drivers do not have to answer questions and do not even need to roll down their windows, in most cases.
STEP Patrols in Chicago
Instead of formal checkpoints, some law enforcement agencies use informal checkpoints. In an Illinois Selective Traffic Enforcement Program, supervisors take officers off their normal routes and shifts and then redeploy them to another area. There, they are told to write as many citations as possible for DUI or other specific infractions.
Complicating matters even further, some STEP campaigns are also all-hands-on-deck matters. Officers who normally are on desk duty go out on patrol duty. Their lack of field experience sometimes means that their actions have shaky evidentiary foundations.
At trial or evidentiary hearings, Chicago defense attorneys often ask officers whether they were on STEP patrol or involved in a saturation enforcement campaign. In addition to the uncertain evidence, many jurors take notice of the fact that the defendant was caught in a possibly unfair police dragnet. That recasts the arrest as a “wrong place at the wrong time” affair, a mentality that favors the defendant.
Consider Uber for Your St. Patrick’s Day Celebration
Hiring an Uber driver is always a smart, cost effective and convenient solution to drinking and driving. This decision takes all risk of DUI out of a day where many over consume alcoholic beverages. In fact some entire towns are offering free Uber rides during St. Patrick’s day parades. Staten Island N.Y. has partnered with Uber to offer one free ride per person up to $15 by simply entering a promo code in the Uber app. You may want to check with any local establishments you plan on visiting for any ride programs they participate in.
Count on Aggressive Lawyers
Enjoy this holiday weekend and watch out for law enforcement tricks. For a confidential consultation with an experienced DUI attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Patrick Fore)