Major Summer Holidays Result in Extra DUI Checkpoints

By Jim Greene

Published on June 28, 2010

Summertime is party time. With picnics, backyard barbeques, block parties, and three major holidays, it's a natural. It's also a time of year when law enforcement agencies try to discourage drunk driving by setting up DUI checkpoints.

Memorial Day, the Fourth of July, and Labor Day invariably cause an upswing in driving under the influence (DUI). Police, sheriffs, highway patrols, and state troopers across the country accordingly increase their efforts to identify drunk drivers and get them off the streets and highways.

DUI Checkpoint Arrests May Be Mishandled

While the tragedy that often results from DUI requires positive steps to eliminate the danger, the demands of monitoring a steady flow of vehicles at a DUI checkpoint can lead to errors on the part of law enforcement. In this situation, you may be the subject of an incorrectly handled DUI arrest.

One of the most common reasons for improper DUI checkpoint arrests is the use of inexperienced officers. Agencies often use officers who don't normally deal with DUI situations, and who may not properly follow the correct procedures. For example, an inexperienced officer may not properly administer field sobriety tests, which can be mishandled even by an experienced officer.

In some jurisdictions, there may be the expectation that a DUI checkpoint result in a particular number of arrests, in order to prove its effectiveness. This can lead to overanxious officers applying standards they wouldn't normally consider.

Breath Testing May Be Less Accurate than Blood Tests

Equipment used to test blood alcohol concentration (BAC) by taking a breath sample may not be properly calibrated or may give incorrect readings because of a suspect's medical condition or other considerations. Mistakes are more likely in a situation that requires rapid processing of multiple suspects.

If you've consumed alcohol very recently, the air in your lungs may indicate a higher BAC than is actually in your blood. If you're stopped for DUI, ask for a blood test. The extra time needed to get a more accurate reading may be to your advantage.

If you're arrested for DUI, contact an experienced attorney. There are several reasons why your case may be dismissed due to improper procedures. Your attorney will take full advantage of your rights as a defendant. If you are convicted, your attorney will fight to see that your punishment is just.

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