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Do Missouri DWI checkpoints actually result in DWI arrests?

On behalf of Harper, Evans, Hilbrenner & Netemeyer

Jul 03, 2013

Well… some arrests do occur at sobriety roadblocks. As we head toward our nation’s birthday, officials are gearing up to enforce traffic laws, as well as Missouri’s laws prohibiting driving while intoxicated during the holiday period.


Whenever a national holiday or even a more localized large event arises many people know that law enforcement may seek to enforce such laws. But, with grant money available, law enforcement agencies may decide to set up DWI checkpoints at just about any time of the year.


Officials in Cole County set up a DWI checkpoint operation last weekend. The detail was funded through a grant from the Missouri Department of Transportation Highway Safety Division. Law enforcement says that 406 vehicles rolled through the sobriety checkpoint set up on U.S. 54 at Hammond Drive.


Officials say that one driver was arrested on suspicion of DWI, while eight more were checked for sobriety without being arrested during the abbreviated DWI checkpoint operation.


Authorities believe that the drivers who passed through the checkpoint without incident will think twice before driving drunk in the future. The sheriff says that the drivers and other people in the cars that were subjected to the road block noticed the inconvenience.


He says that the people passing through the operation knew, “had they been drinking and driving, they would have been arrested, so the next time they drink, they, hopefully, won’t get behind the wheel,” according to the New Tribune.


The potential future suspicion of a potential event obviously is not sufficient to bring charges—even during a checkpoint operation.


Law enforcement says that in addition to the one DWI arrest, several other alleged violations were found. One person is facing a minor in possession charge, seven people were charge with license violations, two are accused of child restraint offenses and two warrants were cleared during the checkpoint.


While Missouri is among the roughly 38 states that allow DWI checkpoint operations, the law enforcement details must be conducted under procedures to help ensure that constitutional rights of drivers are not violated. A person charged with DWI after passing through a checkpoint may wish to consult with legal counsel to learn what defenses may be available in specific incidents.


Source: The News Tribune, “ 406 vehicles stopped at checkpoint Saturday,” July 1, 2013

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