New York DWI Checkpoints & Your Rights

• There must be a clear purpose why a DWI checkpoint is set up (e.g. the increase of alcohol consumption over the weekend or during the holiday season).
• The location of the DWI checkpoints must be announced in advance, either through the police department’s website, the local news, or the local newspaper.
• There must be warning signs posted well before drivers come across a DWI checkpoint and sufficient lighting is required.
• Police officers must use a certain method to stop motorists (e.g. every third or fifth vehicle) and are not allowed to profile motorists (e.g. based on race or the vehicle’s condition).
• A police supervisor must be at the checkpoint to supervise the operation.
• Police officers are prohibited from holding a motorist for an unreasonable amount of time.
• Police officers cannot intrude on a driver’s privacy to an “impermissible degree.”

If you were arrested at a DWI checkpoint in New York but the police violated your rights, our legal team at O’Brien & Eggleston PLLC can review your case, gather evidence, and ask the judge to dismiss the charge. If the judge determines your rights were violated, your case will be dismissed.

For more information about DWI checkpoints in Albany, contact us today at 518-391-2369 and schedule a free consultation.

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