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What are the legal hurdles with DWI checkpoints in Missouri?

On Behalf of | Dec 19, 2024 | DWI |

DWI checkpoints are commonly used in Missouri to deter drunk driving, but their implementation can create a range of legal concerns that require careful consideration.

Constitutional rights and DWI checkpoints

The Fourth Amendment protects individuals from unreasonable searches and seizures. DWI checkpoints, however, operate under an exception to this rule. Missouri courts require law enforcement to meet strict guidelines to ensure these checkpoints are legal. Any deviation from these standards can lead to a violation of constitutional rights.

Proper procedures for checkpoint legality

For a DWI checkpoint to be valid in Missouri, it must follow certain rules. Law enforcement must establish the checkpoint’s location based on data showing a high incidence of drunk driving in the area. Advance notice to the public is also required, often through announcements or media outlets. Officers must follow a neutral plan when stopping vehicles, such as stopping every third car, to avoid claims of discrimination or bias.

Challenges in evidence collection

Evidence gathered at a checkpoint can face scrutiny in court. If law enforcement fails to follow proper procedures, evidence such as breath test results or field sobriety test outcomes may be excluded. For example, if an officer lacks reasonable suspicion before conducting further tests, the results may not hold up in court. These issues often determine the strength of a DWI case.

Striking a balance between safety and rights

DWI checkpoints in Missouri aim to promote public safety by deterring drunk driving, but they must adhere to legal standards to protect individual rights. By understanding the challenges surrounding their use, the public and law enforcement can work towards a fair and effective approach to reducing impaired driving.