Many law enforcement agencies in the Rochester area use DWI checkpoints or roadblocks to stop vehicles for the purpose of determining whether the driver is in intoxicated.

While the U.S. Supreme Court has ruled that randomly stopping vehicles at a roadblock can be legal if properly conducted, roadblocks also can be a violation of the Fourth Amendment right regarding unreasonable searches and seizures when not properly conducted.

Both the federal and New York State courts have addressed what criteria are necessary for a DWI roadblock to be legal.

When determining whether a DWI roadblock is “reasonable” and not in violation of the Fourth Amendment, there are several crucial elements that must be satisfied by law enforcement. These elements include:

1. The DWI checkpoint must be conducted pursuant to explicit regulations which limit the discretion of the police officers in terms of site selection for the location of the roadblock.
2. Vehicles be stopped according to wholly uniform and neutral criteria, such as the stopping of every car or stopping every fourth car. Cars cannot be randomly pulled over.
3. The initial observation and questioning must be brief and limited to inquiries regarding the driver’s license, vehicle registration, insurance and proof of inspection.

DWI roadblocks conducted under such guidelines ensure that the police are using totally objective and neutral criteria to determine who is stopped and that the intrusion on the driver remains minimal.

An experienced DWI lawyer will look into all aspects of a roadblock to determine whether it was properly conducted.

If it was not, all evidence seized by law enforcement may be suppressed and the case dismissed. If you need a Rochester lawyer, we can be reached at 585-484-7432.