Roadblocks and sobriety checkpoints are being utilized with more and more frequency by law enforcement to apprehend impaired and intoxicated drivers. They are a quick and efficient method to investigate and charge impaired or intoxicated motorists under the Vehicle and Traffic Law.
It is important to understand that these law enforcement tools must adhere to very strict and rigid guidelines. If these guidelines are not followed, the roadblock or checkpoint may be invalidated by a court. Roadblocks should be scrutinized by defense counsel to ensure that they were conducted correctly and pursuant to the 4th Amendment of the U.S. Constitution. It may be advisable to aggressively challenge the roadblock and ultimately seek dismissal of all charges against the motorists.