New Jersey DUI Roadblock
Reader’s Question:
I got charged for DUI in New Jersey at a DUI roadblock. I’m not very aware with this kind of a traffic stop. Are these DUI roadblocks really constitutional?
Breanna
Vineland, NJ
Many people actually question the fairness of DUI roadblocks. These questions are understandable given the random nature of a DUI roadblock encounter. Not much to our surprise, the state of New Jersey has formulated technical procedures to safeguard against unreasonable detention and seizure stemming from DUI roadblocks.
It would be unconstitutional to stop and detain a motorist in the absence of distinct suspicion that the motorist is unlicensed, the vehicle is unregistered or the vehicle or the driver is otherwise subject to seizure for traffic violation. In the same manner, DUI roadblocks are unconstitutional in the absence of safeguards such as warnings to motorist of the anticipated DUI roadblock and identified procedures for ensuring supervisory control of DUI checkpoints. DUI roadblocks would be valid if the location of the DUI checkpoint is appropriate based on historical arrest rates at the location, there is participation in command and supervision, notice of the DUI checkpoint is published to provide motorist with notice and public safety and awareness would be foster by the DUI checkpoint. Given these rigorous requirements which must be complied with by the police in conducting a DUI roadblock, a DUI lawyer would be invaluable in defending you in your DUI charge in Vineland, New Jersey.
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