Can I be stopped at a DUI road block with no probable cause? How? 10 Answers as of August 31, 2015

I was arrested at a road block over the Labor Day weekend. Can people be asked to answer questions at a DUI roadblock with no probable cause?

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Universal Law Group, Inc. | Francis John Cowhig
They can be asked, but they do not have to answer. Road blocks (or DUI checkpoints as they are normally referred to) are legal and do not require probable cause for a stop.
Answer Applies to: California
Replied: 5/18/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Whether the DUI roadblock was constitutional in your case is a matter for your attorney to argue at a motion to suppress. IN general a roadblock has been held constitutional.
Answer Applies to: Georgia
Replied: 5/15/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Minnesota doesn't allow road block stops. Please contact an attorney in the state the offense occurred.
Answer Applies to: Minnesota
Replied: 5/15/2015
Law Office of Robert E McCall | Robert McCall
Of Course. Feds have authorized road blocks for sorts of things (DUI, Illegal aliens). They can ask questions and sometimes may search the car/truck.
Answer Applies to: Florida
Replied: 5/15/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
The Court's have said that under certain circumstances a DUI roadblock is constitutionally permissible. There are certain procedures that must be followed for it to be a legal roadblock. The factors are listed in the case of Ingersoll v Palmer. It is usually bogus and worth fighting.
Answer Applies to: California
Replied: 5/15/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    DUI Checkpoints are legal because the public is warned ahead of time so that they can avoid them they are published in things like the newspaper and they have big signs that say DUI CHECKPOINT. There are "illegal" dui checkpoints which can be a defense if the police don't follow all the rules of setting up a checkpoint correctly.
    Answer Applies to: California
    Replied: 5/15/2015
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. Checkpoints are an exception to the probable cause requirement. However, there must be probable cause to initiate an arrest. Further, DUI checkpoint requirements must be strictly complied with.
    Answer Applies to: California
    Replied: 5/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    That would be a yes.
    Answer Applies to: Wisconsin
    Replied: 8/31/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, but the roadblock has to be properly maintained, and Constitutional requirements have to be met (ie. the roadblock has to be published days in advance...etc.). You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 5/14/2015
    Connell-Savela
    Connell-Savela | Jason Savela
    Agreed, this does not seem right. The courts have allowed these checkpoints if notice is given (press release and sign prior stop), there is a need based on accidents or multiple DUIs in that area, and a few other so called safeguards. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 5/14/2015
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