More NH DWI/DUI Roadblocks
Jul 12, 2009 - by Richard Samdperil
In general, the police must possess probable cause or a reasonable suspicion of criminal activity in order to stop a vehicle and detain its occupants. But in the case of roadblocks, a car is stopped without either.
How can roadblocks be constitutional? Doesn't this violate the 4th amendment prohibition on warrantless search and seizures?
Are DWI Roadblocks Legal in NH?
The New Hampshire Supreme Court has ruled that DWI roadblocks are permitted in limited circumstances.
To validate such a stop, the police must prove: (1) that the roadblock is more effective at advancing the public interest than other, less intrusive means, and (2) that the value of having the roadblock outweighs the intrusion it involves.
What does this mean? First, police must get advance permission to set up a roadblock. To get that permission, they must persuade a judge that there is better way to detect or deter drunk drivers than a sobriety checkpoint. Additionally, police must convince a judge that the roadblock benefits the public to such an extent that it justifies interfering with the drivers' and passengers' rights.
The police usually articulate two public interest concerns in setting up roadblocks: detecting drunk drivers and deterence.
As the ratio of DUI arrests to cars stopped in 2008 demonstrates, it is difficult for law enforcement to argue that sobriety checkpoints are more effective in detecting drunk drivers than other means. As for deterrence, there is no available data about whether the checkpoints actually deter people from driving when impaired.
What to Do if You're Arrested
On Friday and Saturday, July 11 and 12, area police made a number of arrests at DWI checkpoints in Seabrook and Portsmouth. A total of 28 people were arrested in Seabrook, and 3 in Portsmouth, NH.
Were you arrested as a result of a roadblock or DWI checkpoint in NH? Do you know whether the police followed the proper procedures or even obtained a judge's permission before stopping cars without probable cause or suspicion? Did the judge properly balance the constitutionally mandated factors before sanctioning the roadblock?
If you were arrested and charged with drunk driving, possession of alcohol, or some other crime, give us a call. Samdperil & Welsh has extensive experience representing seacoast residents and out-of-state visitors on DWI/DUI charges. Our attorneys routinely appear in the Portsmouth and Hampton NH district courts.