dui checkpoints near delaware park casino

Next, drivers must be selected for screening according to a neutral formula. The DUI checkpoint must be advertised in advance of the actual event so that the public has prior notice that the checkpoint will occur at a particular time and place. In other words, a group of police officers simply cannot decide to block a public road for the purpose of conducting randomized alcohol screening tests. After concluding that the government official possessed a logical basis for imposing the DUI checkpoint, courts explore a series of criteria regarding the execution of the checkpoint.įirst, supervising law enforcement officials must select the location of the checkpoint and the procedures to be used. A state authority must call for the checkpoint and must provide a logical reason regarding why the sobriety checkpoint is necessary at a particular location. In order for a DUI checkpoint to pass legal scrutiny, most courts require that the operation is reasonable in both its creation and execution. However, DUI checkpoints are prohibited in some states.

Under federal law, DUI checkpoints are legal if they are closely related to roadway safety and are not discriminatory.

Dui checkpoints near delaware park casino