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Challenging Roadside Sobriety Testing

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Sobriety checkpoints are used by law enforcement officials to stop drivers and check them for drug or alcohol impairment. Usually, law enforcement officials will make a procedural decision to determine where a checkpoint will be set up and how many cars will be stopped. If you have been checked at a sobriety checkpoint and were arrested or charged with DWI, you have an opportunity to defend yourself.

Now is the time for advocacy. Now is the time for action. Now is the time for results. Call 732-702-0333 or contact us online for a free consultation or case evaluation with our Freehold DWI roadside testing attorneys.

At The Law Office of Mallon & Tranger, our attorneys are experienced in the investigation and defense of clients charged with DWI after being stopped at sobriety checkpoints. If you were stopped, you were probably asked for your license and registration. If you were asked to blow into a Breathalyzer or given another field sobriety test before you were charged with DWI, you may be able to challenge the evidence being used against you.

Are Sobriety Checkpoints Legal?

While the Supreme Court has declared that checkpoints are legal and do not violate search and seizure laws, the searches must follow specific guidelines and be performed with minimal intrusion. An officer may be looking for any of the following indications of intoxication:

  • Visible signs (bloodshot eyes, fumbling)
  • Odor of alcohol in the vehicle
  • Swerving or other evidence of drunk driving
  • Visual evidence, including paraphernalia or bottles
  • Slurred speech or other impairments
  • The driver admitting to using drugs or alcohol

If you were pulled over, you want an attorney involved as soon as possible. Remember that you have the right to remain silent throughout the process. You also have the right to refuse field sobriety tests. You are required to submit to any chemical testing, including Breathalyzer or urine testing, but can leave if you are not arrested.

Take Action Now To Protect Your Rights

You can take action immediately if you were charged with DWI. If you feel that your rights were violated or that you were unlawfully stopped or searched at a checkpoint, our attorneys will make a full evaluation of your case and aggressively pursue your defense. Remember that the consequences of a DWI can be severe, including fines, penalties and jail time. You want an attorney involved in your case as soon as possible.

Your Freehold Legal Advocates

For a free consultation or for more information about our firm, please contact our Freehold, New Jersey, lawyers by calling 732-702-0333 or contact us online. We also have an office in Point Pleasant.