West Virginia DUI Checkpoints Near Me – Police Checkpoints – Sobriety Roadblocks
West Virginia is one of 38 states that permit warrantless, random sobriety Roadblock and DUI checkpoints. These cases can be won, since (until proven to have been properly set up, authorized and operated in accordance with a programmatic level plan) are deemed to be unconstitutional.
A DUI specialist at a DUI law firm can file a Motion to Suppress that targets flaws in the implementation and operation of the check points. The Waze app is possibly the best method of finding DUI checkpoints near me.
In counties all across West Virginia, “police checkpoints near me” can be set up to intercept possible drunk drivers at pre-approved checkpoint locations in West Virginia. Since a higher concentration of motorists who are drunk driving will be found in higher population areas, check points most likely will be in towns like Charleston, Martinsburg, Charles Town, Wheeling, and Morgantown. Looking for citizens who have been drinking and driving under the influence of alcohol is the goal, at a sobriety checkpoint.
If impaired driver happen upon a roadblock in West Virginia, they need not attempt to turn around and try to avoid it. The police will post a chase car that will catch up to you and pull you over. Additional chemical charges could be filed, if other offenses occur (e.g., attempting to elude an officer). DUI-DWI lawyers are well-equipped to fight roadblock cases, if you go to a law office that specializes in driving under the influence (DUI).
In reality, Morgantown WV is the most likely place to find a checkpoint. Morgantown police are aware that certain sporting events and concerts in Monongalia County will increase the number of drinking drivers, and law enforcement officers may have a DUI roadblock on a primary traffic road leading away from the sports venue or entertainment location. Berkeley County WV and Jefferson County WV are the other places for DUI checkpoints near me.
West Virginia has about two dozen towns with populations of 40,000 or more. Although not as often as DUI checkpoints are set up in Morgantown WV following West Virginia University football game or other sporting events, Charleston DUI checkpoints also occur regularly, and are usually manned by law enforcement officers at the City of Charleston Police Department – Special Enforcement Unit.
WV DUI checkpoints are legal in West Virginia, for two reasons. First is your protection under the United States Constitution, through the 4th Amendment protections against illegal searches and seizures, warrantless arrests (i.e., use of blue lights to pull you over, without an articulable suspicion of a traffic violation or vehicle equipment violation, to justify a pullover). Once arrested for a WV DUI, you face both a DUI criminal case, plus an administrative license revocation proceeding. Ask a DUI attorney with superior attorney ratings about these subjects, and do it QUICKLY, before the 30 day deadline.
Our United States Supreme Court ruled in the Michigan Department of State Police v. Sitz case from 1990, that sobriety checkpoints are illegal UNLESS the law enforcement agency has put in place some “controls” to assure minimum impact on the driving public, and that these police checkpoints are only implemented by supervisory officers under non-discriminatory policies and procedures.
The second barrier to DUI checkpoints would be a state constitutional or statutory provision that banned warrantless traffic stops, like sobriety checkpoints. About a dozen states (e.g., New Hampshire, Texas, Massachusetts, Louisiana) have these more protective laws, and do NOT allow DUI checkpoint stops, like those the police set up in a West Virginia DUI checkpoint.
No provision in the WV Code or Constitution prevents West Virginia police from following the same rules as established by the U.S. Supreme Court in Sitz. Contact a WV DUI lawyer with top credentials and who offers a FREE consultation, to learn more about your legal rights. Harley O. Wagner has spent nearly two DECADES specializing in DUI defense for impaired drivers across West Virginia.
The West Virginia Legislature CAN pass such a law, banning such warrantless police encounters, but no such bill is likely to be enacted to stop DUI checkpoint locations in WV. From a Legislative standpoint, stopping drunk driving in WV is a policy that will get someone re-elected.
ABOUT THE AUTHOR: Harley O. Wagner, West Virginia DUI Attorney and Criminal defense Lawyer
Harley O. Wagner has represented more than 2,000 relieved clients; 18+ years in DUI defense practice in WV; Named a WV Super Lawyer 6 years in a row; Co-authored the drunk driving book West Virginia DUI Defense – The Law and Practice; Has attended more than 60 DUI defense seminars nationwide
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.