If you’re facing a DUI charge in Huntsville, Alabama (or other northern AL city or county locations), it’s crucial to understand Alabama DUI law and what you’re up against. Alabama DUI laws are strict, with severe penalties that can impact your life significantly.
Alabama DUI Laws for Huntsville DUI Checkpoints
This article about roadblocks in Alabama focuses on northern Alabama DUI arrests made at a roadblock established to screen oncoming drivers in their vehicles for possible impairment. Such DUI checkpoints are legal in 38 states, including Alabama.
A 1990 United States Supreme Court ruling established this limited exception to such stops being a violation of the unreasonable searches and seizures provisions of the 4th Amendment. In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), the public safety purpose to allow these limited, random vehicle stops for DWI vs DUI interventions was approved by a 6 to 3 vote.
Luckily, some state constitutions have banned such random traffic screenings under their state constitutions. After the 1990 decision by our Nation’s highest court (under federal law) a new appeal alleging a violation of Michigan’s constitution disallowed this roadblock, freeing Mr. Sitz.
The Michigan Supreme Court case that held the sobriety checkpoints unconstitutional under the Michigan State Constitution is Sitz v. Department of State Police, 443 Mich. 744, 506 N.W.2d 209 (1993). In this decision, the Michigan Supreme Court found that sobriety checkpoints violated Article 1, Section 11 of the Michigan Constitution, which provides protections against unreasonable searches and seizures.
Where is the checkpoint tonight? First be aware that if you are stopped at police DUI checkpoints, no bad driving has been observed, and no pre-existing traffic crime has been detected.
Your vehicle just happened to be on the stretch of road where a D.U.I. checkpoint had been set up. In all cases, the legality of this specific random screening may be contested by your DUI defense lawyer at a pre-trial motion hearing.
Call Now For A DUI Lawyer in Alabama Near You
Call 1-888-839-4384 today to get connected with one of the top-rated DUI lawyers in Alabama near you! Drunk Driving Defense has some of the most successful and highest-rated DUI attorneys in Alabama on our roster.
Police Checkpoints Tonight: Roadblocks in Huntsville AL Tonight
First, check your local source for roadblock locations and DUI checkpoints this weekend. Then, use Waze, a reliable DUI checkpoint app, to avoid them. The Huntsville Police Department is the most likely agency for setting up Huntsville DUI checkpoints today.
If you searched Amazon for a book titled “how to win a DUI case without a lawyer,” best of luck to you. You will need a skilled legal warrior to help contest your Alabama DUI checkpoint charge without a skilled legal advisor.
Police checkpoints are allowed if they follow the legal rules for DUI checks. These checks are for drivers at impaired driving checkpoints. Many people search online about the legality of DUI checkpoints.
Not everyone can pass the constitutionality test. This is why a good DWI lawyer or OWI attorney is important. Your case needs to go to court. You should present evidence of wrongdoing, like missing DUI checkpoint location notices.
In Alabama, there are specific legal guidelines that DUI checkpoints must adhere to. They are required to disclose their timing and location to the public beforehand. Nonetheless, Alabama laws do not explicitly specify the method of disseminating this information.
Various methods are employed by states such as California and Tennessee to inform the public about impending DUI checkpoints. These can include announcements in newspapers, broadcasts on TV news, or posts on online platforms.
Where can I anticipate DUI checkpoints in Huntsville, AL? Although other states mandate prior notifications to the public, these advisories only need to outline the broad vicinity of the setup, without pinpointing the precise location of the checkpoint. It’s crucial to understand that the absence of prior notice doesn’t necessarily make a checkpoint unconstitutional.
The purpose of this “public notice” requirement is to make sure the checkpoints are fair. It also helps keep the public informed. In Huntsville, the downtown area has popular spots like The Poppy, at Parliament, and Green Bus Brewing. Additionally, Yellowhammer Brewing on Clinton Avenue attracts many visitors. Several other hotspots across the city are also sometimes selected for conducting traffic safety checkpoints to screen possible drunk drivers.
If the checkpoint does not follow rules from past court cases, it will break the Fourth Amendment. This includes rules from the US Supreme Court. During holiday weekends, there may be seasonal DUI checkpoints on roads near recreational lakes and ski areas.
Should that occur to you, all detentions at that specific checkpoint on that particular date and time could be unlawful. Prior to confronting DUI checkpoints this evening, ensure you have done your homework.
Ultimately, certain states, such as Maine, require imprisonment for individuals who decline testing and are subsequently found guilty of OUI in Maine. This applies to first-time offenders in that state who cannot obtain an ignition interlock device if they refuse implied consent testing.
Where Are DUI Checkpoints Tonight in Alabama?
Within states such as Alabama, where the permissibility of drunk driving (DUI) checkpoints exists, the police department that set up the timing for starting and stopping, plus the selected checkpoint location can be challenged. In other words, the very existence and “approval” of this location and hours of operation may be contested if the supervisory police officers required by law did not choose ir and approve the location, manpower, and duration.
Where can I find a DUI checkpoint locator? A very helpful cellphone-based tool for identifying possible roadblocks coming up (on your programmed route) is the Waze app. Originally built by private investors, Google bought it and now oversees the App’s functionality.
Getting Help for A Huntsville DUI Checkpoint Arrest
If you’ve been arrested at a DUI checkpoint in Huntsville, Drunk Driving Defense can help! We have a national directory of DUI attorneys all across the country. Call 1-888-839-4384 anytime, 24/7 to speak with an Alabama DUI lawyer near you.
More About Huntsville DUI Checkpoints Tonight
If you’d like to learn more about DUI checkpoints, we have several articles on the topic. One thing many people ask is, “Do I have to show my license at a DUI checkpoint?” The answer to this question is “yes.”
Read through some of our informative articles about DUI checkpoints below.