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Auto Insurance Laws: Know Your Rights And Privileges On Sobriety Checkpoints.

In Auto Insurance Laws, there is a provision for having Sobriety Checkpoints to help in reducing DUIs. The Sobriety Checkpoints are however not compulsory but any officer manning these points must adhere to the law. According to the fourth amendment, each individual has rights when it comes to Sobriety Checkpoints. This means that no officer can search someone’s property without legal mandate or clear reasons. Sobriety Checkpoints are only common in states that have strict laws regarding DUIs. The other states that do not have Sobriety Checkpoints see them as a violation of people’s fourth amendment rights and have thus outlawed them.

The evidence gathered from these Sobriety Checkpoints can be used in a court of law to convict an individual on DUI charges. However the collection of this evidence is a sensitive affair and must not in any way infringe on the fourth amendment rights of the individual. This means that the arresting officer must follow clear set guidelines or otherwise the offender might walk scot free due to a technicality. Qualified DUI attorneys look very keenly on this part of evidence collection and usually file motions to suppress the evidence or have the case thrown out due to illegal search and seizure of the individual’s private property.

For a police officer to make an arrest at a Sobriety Checkpoint, they are required to keenly study the suspect’s behavior as well as run a battery of field tests to support their claim. There are a number of legal requirements that have to be met before setting up Sobriety Checkpoints. There are:

* A court order validating the setting up of a Sobriety Checkpoint

* Sufficient intelligence on why the checkpoint should be set up and where since the location must be safe.

* The police officers stationed at the checkpoint must have legal certification to prove their presence.

* And finally the police officers are required by law to inform the residence of the area that they will be setting up a Sobriety Checkpoint.

Before an officer of the law asks you to stop, he or she must have a valid claim as to why they have requested you to stop. This is because it has been known that some checkpoints are set up to target a specific group of people and that is against the law. Once they stop you on suspicion of DUI, the officers will take you through a number of field tests to test your sobriety status.

The tests could involve walking in a straight line, standing on one leg and many more. Each police car is fitted with a surveillance camera that records all this and can be presented in court as part of the evidence collected. You are well within your rights to decline these tests but this will only result in the immediate suspension of your license before even going to court.

Many people fall culprit to overzealous officers because they do not know their rights and privileges when it comes to a DUI arrest. Enter your Zip at the start of this page to keep yourself in the know as far as DUI arrests are concerned.