Law Office of Joseph A. Fanduzz
  • Home
  • Attorney Profiles
  • Testimonials
  • Case Results
  • Criminal Defense
  • DUI
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu

Phone Calls Returned 24/7

865.896.9971

"Joe saved my freedom several times!"
–
Former Client

Why Choose Us? Testimonials Free Case Evaluation

Contact Us Today

Are you facing criminal charges in Knoxville? Has a loved one been arrested or charged with a crime? Do not wait for prosecutors to make the first move! The sooner you contact us, the sooner we can begin fighting the opposition on your behalf. Call our offices 24/7.

Send My Information
Blog Home - Previous Post | Next Post

Are DUI Checkpoints Legal?

Posted on Feb 20, 2019 10:36am PST

Alcohol, car keys and handcuffs - are DUI checkpoints legal

Police generally cannot stop a car unless they have reasonable suspicion to believe a crime or traffic violation has occurred. So, why can police set up sobriety checkpoints without any evidence of drunk driving, a crime, or any other traffic violation?

Are DUI Checkpoints Legal in Tennessee?

Sobriety checkpoints, also known as DUI checkpoints or roadblocks, are legal in Tennessee. DUI checkpoints are traffic stops set up by police officers to catch drunk drivers and deter motorists from driving while intoxicated. The roadblock locations are chosen at random and are only temporary.

When Are DUI Checkpoints Illegal?

Law enforcement must provide the public with the location and dates of DUI checkpoints in advance. If the police fail to provide notice of a sobriety checkpoint, then it is illegal under state law.

What Is the Fourth Amendment?

The Fourth Amendment protects citizens from unreasonable search and seizures. When the police pull over a car, it is considered a seizure under the Fourth Amendment. Only if the police have reasonable suspicion or probable cause that unlawful conduct has occurred are search and seizures are allowed under the Fourth Amendment of the United States Constitution.

For example, if the cop reasonably believes the driver has committed a crime or traffic violation, he has reasonable suspicion to pull over the vehicle. However, with a sobriety checkpoint, police officers stop every vehicle, whether they believe the driver did something wrong or not, on a blocked road.

Are DUI Checkpoints Legal Under the Fourth Amendment?

The United States Supreme Court has ruled that driving under the influence (DUI) checkpoints are legal under certain circumstances. It ruled that DUI checkpoints do not violate a driver’s Fourth Amendment rights. According to the Supreme Court, the importance of keeping drunk drivers off the road outweighs the privacy rights of drivers.

The Supreme Court has also ruled that not every detention at a checkpoint is lawful, although sobriety checkpoints are lawful. If the police detain a driver for a longer period than necessary or search the vehicle without any evidence of a crime, at that point, the stop becomes illegal—for going beyond what was reasonable—under the Fourth Amendment. As for all search and seizures, whether a DUI checkpoint is legal depends on the circumstances.

If you have been arrested for driving under the influence, an experienced criminal defense attorney can tell you what laws apply to your case and what defense might work. Knoxville criminal defense attorney Joseph A. Fanduzz is a seasoned trial lawyer in Tennessee

Contact the Law Office of Joseph A. Fanfuzzat {F:P:Site:Phone} today to talk to an experienced criminal defense attorney.

Categories: DUI Defense, Criminal Defense
Permalink

Attorney Joseph A. Fanduzz

KNOXVILLE CRIMINAL defense ATTORNEY

Throughout his career, Attorney Fanduzz has fought countless cases in Federal Court, Criminal Court, and General Session Court - all in which he has been able to obtain favorable results on behalf of his clients. Because our attorney attended and graduated from the National Criminal Defense College, he is in an elite group of trial lawyers, along with his membership with numerous other legal associations.

When it comes to protecting your rights, future, and freedom, do not put your trust in just any attorney. Put your trust in a client-focused, results-driven, and trial-tested attorney to maximize your chances of securing a favorable outcome. With a passion for representing the accused and the proven results to back it up, you can trust Attorney Fanduzz will do everything within his power to provide you with the most effective defense possible.

Joseph Fanduzz is a member of an elite group of trial lawyers who have attended and graduated from the National Criminal Defense College.

View Attorney Profile

WHY HIRE US?

  • You Can Start Your Case Today with a Free Initial Case Evaluation

  • We Stay Available to Help You & Answer Your Questions 24/7

  • Highly Skilled in the Areas of Litigation & Negotiation When Seeking Results

  • Customized Strategies & Individualized Attention for Every Client

  • Criminal Defense
  • Drug Crimes
  • DUI
  • Federal Crimes
  • Sex Crimes
  • Theft Crimes
  • Violent Crimes
Law Office of Joseph A. Fanduzz
Law Office of Joseph A. Fanduzz - Knoxville Criminal Defense Attorney
800 S Gay St., Suite 2250, Knoxville, TN 37929 View Map
Main (865) 896-9971
Local (865) 210-2123
Website: https://www.knoxvillecriminalattorney.com/
© 2021 All Rights Reserved.
  • Home
  • Attorney Profile
  • Criminal Defense
  • Testimonials
  • Case Results
  • Site Map
  • Privacy Policy
  • Contact Us

Follow us on:

Phone Calls Returned 24/7

(865) 896-9971

Internet Marketing Experts