Are DWI Checkpoints Legal in New Jersey?
In New Jersey, a DWI checkpoint is a location where police officers stop vehicles to check whether the driver is impaired by alcohol or drugs. Each vehicle that passes through the checkpoint may be stopped or police officers may stop vehicles during intervals. If a vehicle is stopped, police officers will interview the driver to see if the driver is impaired. If the police officers believe that the driver is impaired, the driver may be subjected to field sobriety testing. The US Supreme Court and the State of New Jersey have determined that DUI checkpoints are legal and are permitted if they meet certain criteria. To be legal, it must be shown that the checkpoint:
- Was established by a supervisory authority
- Was carefully targeted to a designated area at a specified time and place
- Was based on data justifying the site selection for reasons of public safety and reasonably efficacious or productive law enforcement goals
- Was accompanied by adequate warnings to avoid frightening the traveling public
- Had advance general publicity designed to deter drunken drivers from getting in cars in the first place, and
- implemented officially specified neutral and courteous procedures for the intercepting officers to follow when stopping drivers.
If a checkpoint is established and the aforementioned standards are not met, it is possible that the driver will be able to challenge the constitutionality of the charge.
Were you arrested for drunk driving after you were stopped at a DWI checkpoint? Call Villani & DeLuca, P.C. for a FREE consultation. Our experienced drunk driving defense lawyers are here. Call 732-800-2980 today.