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DWI or “sobriety” checkpoints and roadblocks can be stressful, because they are usually unexpected and catch people by surprise. However, remembering that a checkpoint is a Constitutional substitute for probable cause, and that police are more limited in what they can do, can help the motorist. Thomas A. Corletta, Attorney at Law, is a Rochester DWI lawyer with over 35 years' experience, and is an expert in sobriety checkpoint law. He urges everyone to fully exercise their rights when they encounter any checkpoint, whether it is for DWI or even something simple, like registration and inspection checks.

If you're stopped at a roadblock, it's important to:

  • Be alert and drive slowly: Don’t give police additional “probable cause” to stop you because you approach the checkpoint too quickly, or knock over cones or flares. Stop when directed to do so. Watch for signs or flashing lights marking the checkpoint.
  • Answer only what is asked:  Police running DWI checkpoints are limited to “standard” questions regarding where you are going, where you are coming from, and if you’ve been drinking. While you don’t have to answer any questions, an outright refusal to answer will probably result in your being pulled over for further screening. You should at all times remain civil.
  • DUI LawyerWhat to do if detained for Field Sobriety Tests: You are not required to submit to Field Sobriety Tests, and there is no license consequence for refusing to do so. Also, if you approached the checkpoint properly, poor performance on Field Sobriety Tests can undermine your claim that your ability to drive was not impaired. With respect to breathalyzer tests, there is a legal obligation to take a breath test if there is a lawful arrest. In New York, upon refusal to submit to a breath test, there is usually an immediate license suspension, pending a hearing.  Therefore, it is best to ask to speak to an attorney before you decide whether to submit to a breath test, particularly if you need to drive for employment.  

Under New York law, DWI checkpoints must be conducted within extremely strict standards established by caselaw. A DWI lawyer with a full understanding of the law will be able to evaluate your case and determine whether the checkpoint was set up and run properly, which could lead to reduction or dismissal of your charges.

Thomas A. Corletta, Attorney at Law, has built his reputation on providing highly effective representation to clients facing a variety of criminal charges, including almost any kind of DWI case. When you need a criminal defense attorney who will aggressively protect your rights, you can rely on him and his team to achieve the best possible outcome.

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