No one is happy about approaching a DWI checkpoint. However, for drivers who have had a few drinks, or may have smoked marijuana earlier in the day, this can be a horrifying experience. Part of what makes DWI checkpoints alarming is the unknown surrounding what officers can ask you, what you are allowed to say, and whether they are going to ask you to take a blood or breath test. But are New York DWI checkpoints really legal?
Given the constitutional protections everyone enjoys to be free from unreasonable searches and seizures, the legality of DWI checkpoints often comes up. However, DWI checkpoints are legal, or, better said, they may be legal if they are properly carried out. A recent New York DWI case involving a defendant who was arrested at a checkpoint gave the court the opportunity to elaborate on DWI checkpoint law in New York.
According to the court’s opinion, the defendant approached a DWI checkpoint in Westchester County. As the defendant neared the checkpoint, he almost hit one of the officers on duty. The officer noticed that the defendant’s car smelled like alcohol and, when asked, the defendant explained he was coming from a party where he was drinking. The defendant agreed to take field sobriety tests, after which he was arrested for DWI and subsequently convicted.