Illinois DUI Lawyer Blawg
Police departments frequently conduct targeted DUI enforcement operations in an effort to identify impaired drivers, and these initiatives can result in arrests even when officers did not initially observe a particular motorist driving erratically. A recent California enforcement operation demonstrates how law enforcement agencies may use both saturation patrols and sobriety checkpoints to investigate suspected impaired driving. Illinois law enforcement agencies may employ similar strategies, but drivers retain important constitutional and statutory rights when stopped and investigated for DUI. If you are charged with DUI following a checkpoint, saturation patrol, or other traffic stop in Illinois, you should speak with an experienced Illinois DUI defense attorney about the circumstances surrounding your arrest.
The California Enforcement Operation
Reportedly, deputies with a California police department conducted two targeted DUI enforcement operations within approximately one week. The first was a saturation patrol that lasted approximately 12 hours and focused on locating motorists suspected of driving under the influence of alcohol or drugs. During the operation, deputies conducted 21 traffic stops. The patrol resulted in one DUI arrest and one drug possession arrest, as well as citations for speeding, driving without a license, and other traffic violations.
It is reported that authorities conducted a separate DUI checkpoint several days later. Approximately 1,400 motorists reportedly passed through the checkpoint, which resulted in seven DUI arrests. Officers also issued 30 citations to motorists who allegedly did not have valid driver’s licenses, and 22 vehicles were towed. Law enforcement officials encouraged people who consume alcohol or use substances that could impair their driving ability to arrange for a sober driver or use another form of transportation. The enforcement programs were reportedly supported by federal traffic-safety funding.
Illinois Law Permits DUI Checkpoints Under Certain Circumstances
Illinois courts have recognized that sobriety checkpoints are not automatically unconstitutional. Although stopping a vehicle ordinarily constitutes a seizure under the Fourth Amendment, the Illinois Supreme Court has held that properly conducted roadblocks intended to identify impaired drivers may be permissible. Courts balance the government’s interest in preventing alcohol-related crashes against the degree to which a checkpoint intrudes upon the rights of individual motorists. A checkpoint therefore cannot be conducted without regard to constitutional limitations.
Illinois courts consider several factors when determining whether a roadblock is constitutionally reasonable. These include whether law enforcement operated under established procedural guidelines, whether individual officers had excessive discretion to decide which motorists would be stopped, whether motorists could identify the operation as an official police checkpoint, and whether supervisory personnel selected the location. The ultimate question is whether the checkpoint was reasonable. These requirements can become important when a DUI charge originates from a roadblock rather than a conventional traffic stop based upon an officer’s observation of suspected unlawful driving.
Consult an Experienced Illinois DUI Defense Attorney
If you have been charged with DUI following a sobriety checkpoint, saturation patrol, or other traffic stop in Illinois, the legality of the initial encounter and the evidence obtained afterward may significantly affect your case. Theodore J. Harvatin of the Harvatin Law Offices, PC, is an experienced Illinois DUI defense lawyer who represents clients facing DUI charges and related driver’s license consequences. To schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or use the online form.