New York DWI Roadblocks

A driving while intoxicated (DWI) roadblock is a checkpoint used by New York law enforcement agencies to find and arrest intoxicated drivers. If an officer pulls over a vehicle and thinks that the driver is under the influence, he or she may ask the driver to step out and perform a series of field sobriety test and take a chemical test. If the driver fails the test, he or she may be arrested and charged with DWI. You should speak with an experienced DWI defense attorney if you have recently been arrested and charged with drunk driving after a New York DWI roadblock.

Although the Fourth Amendment protects citizens against illegal search and seizure, the Supreme Court has ruled that the public interest in reducing drunk-driving accidents outweighs the infringement of these rights. However, states must follow guidelines established by the National Highway Traffic Safety Administration when conducting a DWI roadblock.

In order to be legal, a DWI roadblock must be part of an ongoing campaign to prevent drinking and driving. The law enforcement agency must select a location for a specific reason, such as a high number of DWI-related accidents in the area. This location must be advertised heavily in an effort to deter people from driving under the influence.

At the DWI roadblock, there must be marked police cars and uniformed law enforcement agents to make the police presence obvious. A method should be in place for checking cars, i.e., stopping every other vehicle or every fourth vehicle. If there is a deviation from the roadblock plan, such as poor weather or backed up traffic, the reason must be documented.

If you are stopped, the officer may ask to search your vehicle—you may politely decline this request. The officer may ask you to perform field sobriety tests, such as the walk-and-turn test, the one-leg stand test, or the horizontal gaze nystagmus test. These tests, unlike the breath test, are voluntary, and you may refuse the officer’s request to perform them.

If you were recently arrested after going through a DWI roadblock, you need to speak with an experienced attorney. Your DWI defense attorney may review the roadblock to determine if proper guidelines were followed. To get in touch with a local DWI lawyer, fill out our online form today.