DUI Checkpoints in Morgantown: An Overview 
West Virginia University (WVU) game days are a lively event, attracting thousands of fans to Morgantown. While these weekends are full of excitement, they also lead to higher traffic volumes, making it essential for law enforcement to set up DUI checkpoints to prevent impaired driving. DUI checkpoints are temporary stops where police officers can check drivers for signs of intoxication, including alcohol or drugs. These checkpoints play a significant role in reducing impaired driving-related accidents during times when the roads are particularly busy, such as WVU game days. When a driver approaches a DUI checkpoint in Morgantown, they may be randomly selected for a stop. This means that all drivers are subject to potential questioning or testing. Law enforcement officials typically look for signs of impairment, such as bloodshot eyes, erratic driving, or the smell of alcohol. If an officer suspects impairment, they may conduct field sobriety tests or administer a breathalyzer test to determine the driver’s blood alcohol content (BAC). However, DUI checkpoints are not without their legal complexities. Although DUI checkpoints are standard in West Virginia, their legality is subject to strict constitutional guidelines. In this blog, we’ll explore how these checkpoints are conducted and how they are evaluated in court. The Legality of DUI Checkpoints in West Virginia
DUI checkpoints are a routine part of law enforcement during times of high traffic, such as WVU game weekends. However, these stops are regulated by both state and federal laws, meaning they must be conducted in a manner that ensures they are fair and constitutional. In West Virginia, DUI checkpoints are legal, but they must follow strict guidelines to avoid violating individuals’ constitutional rights.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Constitutional Requirements for DUI Checkpoints
The U.S. Supreme Court has ruled that DUI checkpoints are constitutional as long as they meet certain requirements. For instance, law enforcement agencies must follow a systematic, neutral, and non-arbitrary process when choosing which vehicles to stop. The checkpoint must also be planned and publicly disclosed in advance, ensuring that all drivers have fair notice of its existence. Here are the key constitutional elements that must be met for a DUI checkpoint to be considered valid in West Virginia:- Advance Public Notice: Police must inform the public about the checkpoint’s location and the hours of operation before it takes place. This ensures that the checkpoint does not appear as a random or discriminatory stop and gives drivers the ability to make informed decisions.
- Neutral Selection Method: Officers must use a random or neutral method for selecting vehicles. For example, they might stop every third vehicle to ensure there is no racial profiling or discrimination against specific drivers.
- Proper Signage and Visibility: The checkpoint must be clearly marked with appropriate signs and lights to warn drivers of its presence. This transparency helps to ensure that the stop does not take drivers by surprise and that they have the option to turn around if they do not wish to be stopped.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
How DUI Checkpoints Are Evaluated in Court
If you are arrested at a DUI checkpoint, your case will eventually be evaluated in court. The judge will review several factors to determine whether the stop was legally justified and whether the evidence obtained should be used against you. These factors include the legality of the checkpoint itself, the conduct of the officers involved, and the validity of any evidence obtained during the stop.1. Constitutionality of the DUI Checkpoint
One of the first things that the court will evaluate is whether the DUI checkpoint was set up legally. If the checkpoint was not conducted in accordance with constitutional requirements, the judge may rule that the stop was unlawful. For instance, if the checkpoint was not properly advertised, or if officers were selective about which cars they stopped, the judge may rule that your constitutional rights were violated, and the evidence could be suppressed. If the defense can show that the checkpoint was not constitutional, your DUI case may be dismissed, or the evidence gathered may be excluded from the trial. This makes it critical for law enforcement to follow proper procedures when setting up and conducting DUI checkpoints.Related Videos
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2. Conduct of the Officers at the Checkpoint
Even if the checkpoint was set up in accordance with the law, the conduct of the officers is another factor that will be evaluated in court. The court will consider whether the officers had reasonable suspicion to pull you over in the first place, whether the sobriety tests were administered properly, and whether the breathalyzer results were valid. For instance, if the officer did not follow proper procedures when asking you to perform field sobriety tests, or if the breathalyzer machine was improperly calibrated, this could undermine the validity of the evidence against you. If you can prove that the officers did not follow protocol, the court may rule in your favor.3. The Evidence Collected
In a DUI case, the evidence gathered at the checkpoint is critical. The court will examine whether the evidence is reliable and whether it was obtained legally. Common evidence in DUI cases includes:- Breathalyzer Test Results: The accuracy of the breathalyzer test is essential. If the device was improperly calibrated or maintained, or if the officer did not follow proper procedures when administering the test, the results may be deemed unreliable.
- Field Sobriety Tests: These tests, which assess a driver’s coordination and ability to follow instructions, are often subjective. The court will examine whether the tests were conducted fairly and according to proper protocol. If there were errors in how the tests were performed, it could impact the outcome of the case.
- Police Observations: An officer’s testimony about your behavior during the stop will also be evaluated. For example, if the officer noted that you smelled of alcohol, slurred your speech, or exhibited signs of intoxication, these observations could be used as evidence. However, the defense can challenge these observations, particularly if the officer’s testimony is vague or inconsistent.
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Your Rights During a DUI Checkpoint Stop
At a DUI checkpoint, you still have rights. While you are required to stop when instructed, you do not have to answer all of the officer’s questions, especially if those questions are unrelated to the stop. Here are your key rights during a DUI checkpoint stop:- You Must Stop: When you approach a DUI checkpoint, you are legally required to stop your vehicle. If you fail to stop, the officer may have grounds for additional charges.
- You Do Not Have to Answer Questions: You are not obligated to answer any questions that might incriminate you, such as where you were coming from or what you have been drinking. It’s best to remain calm, polite, and simply provide your driver’s license, registration, and proof of insurance when asked.
- You Can Refuse a Breathalyzer: While you can refuse to take a breathalyzer test, refusal comes with consequences. In West Virginia, refusing a breathalyzer test results in an automatic license suspension. However, it may still benefit you in court by preventing potentially damaging evidence from being used against you.
- You Can Request a Lawyer: If you are arrested, you have the right to request legal counsel. You do not need to answer questions about your case until you’ve had the opportunity to speak with an attorney.