DUI Sobriety Checkpoints in New Hampshire
With Law Offices in Manchester, NH
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DUI Sobriety Checkpoints in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
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DUI Sobriety Checkpoints in New Hampshire
New Hampshire DWI Lawyers
Law enforcement agencies throughout New Hampshire regularly use sobriety checkpoints, or DUI roadblocks to detect and deter people from driving while intoxicated. Although many New Hampshire citizens believe DUI roadblocks or sobriety checkpoints are a violation of their Constitutional rights and are an illegal search, the United States Supreme Court held in Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990), that the sobriety checkpoint in question did not violate the Fourth Amendment prohibition against unreasonable search and seizure. Local police must obtain judicial permission for a sobriety checkpoint and it must be conducted according to certain specifications.
In New Hampshire, sobriety checkpoints must be conducted in a constitutionally permissible manner following a specific set of “guidelines”. These guidelines relate to such matters including the preparation, location, pre-checkpoint publicity, and operation of the sobriety checkpoint. The National Highway Traffic Safety Administration (NHTSA) has a published report which recommends a set protocol for the operation of sobriety roadblocks. And, the New Hampshire Attorney General’s Office has disseminated guidelines for New Hampshire law enforcement agencies to follow when conducting a sobriety checkpoint.
We help people with DWI/DUI defense in the following locations: Alstead, Amherst, Andover, Antrim, Atkinson, Auburn, Bedford, Bennington, Berlin, Boscawen, Bow, Bradford, Brentwood, Brookline, Candia, Canterbury, Cheshire, Chester, Chesterfield, Chichester, Claremont, Concord, Deerfield, Deering, Derry, Dover, Dublin, Exeter, Francestown, Franklin, Goffstown, Greenville, Hampton Beach, Hampton, Hancock, Harrisville, Hooksett, Hudson, Keene, Laconia, Lebanon, Londonderry, Manchester, Merrimack, Nashua, Pelham, Portsmouth, Rochester, Somersworth, and Windham.
Frequently Asked Questions About DUI Sobriety Checkpoints in New Hampshire
Are DUI sobriety checkpoints legal in New Hampshire?
Yes. Although some drivers believe sobriety checkpoints violate their Constitutional rights, the United States Supreme Court ruled in Michigan Department of State Police v. Sitz (1990) that properly conducted sobriety checkpoints do not violate the Fourth Amendment’s prohibition against unreasonable search and seizure. In New Hampshire, local police must obtain judicial permission before conducting a sobriety checkpoint.
What rules must New Hampshire law enforcement follow when conducting a sobriety checkpoint?
New Hampshire sobriety checkpoints must be conducted according to a specific set of constitutional guidelines governing preparation, location, pre-checkpoint publicity, and operation. The National Highway Traffic Safety Administration (NHTSA) has published a recommended protocol for sobriety roadblocks, and the New Hampshire Attorney General’s Office has issued guidelines that all NH law enforcement agencies are required to follow.
What happens when a driver passes through a New Hampshire sobriety checkpoint?
All drivers approaching a sobriety checkpoint must stop and answer routine questions. Officers will ask for your license and registration, inquire about your origin or destination, and ask whether you have been drinking or have any alcohol or drugs in the vehicle. Some officers use flashlights equipped with a passive alcohol sensor. If an officer suspects impairment, the driver will be asked to exit the vehicle and perform Standardized Field Sobriety Tests.
What testing equipment is used at New Hampshire DUI sobriety checkpoints?
Drivers who are suspected of impairment at a sobriety checkpoint are typically asked to submit to a breath or blood test. These tests are often conducted in the New Hampshire DUI Mobile Command Center, stationed at or near the checkpoint. This vehicle is equipped with an Intoxilyzer 5000, an industry-standard breath alcohol analysis instrument. The attorneys at Tenn And Tenn, PA are professionally trained in all aspects of maintaining, calibrating, and evaluating results from this equipment.
What are the consequences of a DUI arrest at a New Hampshire sobriety checkpoint?
If field sobriety testing and breath or blood alcohol tests indicate impairment, you will be charged and taken into custody. The consequences of a DUI conviction in New Hampshire can be serious and long-lasting, including fines, potential jail time, increased motor vehicle insurance premiums, and a criminal record reflecting the offense for at least ten years.
Can a DUI arrest from a sobriety checkpoint be challenged in New Hampshire?
Yes. If law enforcement failed to follow the required constitutional guidelines when conducting the checkpoint — including proper judicial authorization, location selection, publicity requirements, or operational procedures — the arrest and any resulting evidence may be subject to challenge. An experienced New Hampshire DWI defense attorney can evaluate whether the checkpoint in your case was conducted in compliance with all applicable rules.
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Areas We Serve in New Hampshire
The Checkpoint Process
All drivers passing through a checkpoint must stop and be indiscriminately asked a few routine questions. When a driver approaches a sobriety checkpoint, he or she will be immediately asked to produce his or her license and registration. The driver will then generally be asked about his origination or destination, whether he had been drinking, and if there is any alcohol or drugs in the car. Some states have officers approach your vehicle with a flashlight that is equipped with a passive alcohol sensor. If an officer has reason to suspect that the driver had been drinking or is under the influence of alcohol or drugs, the driver will immediately be asked to step from the vehicle to perform a series of Standardized Field Sobriety Tests. The driver will usually be asked to also submit to a breath or blood test, which test is often conducted in the New Hampshire DUI Mobile Command Center, which will be stationed at or near the sobriety checkpoint. The command center vehicle is equipped with an Intoxilyzer 5000 which is an industry standard breath alcohol analysis instrument. Our attorneys are professionally trained in all aspects of maintaining, calibrating, and evaluating the results of this equipment. If the field testing and breath or blood alcohol tests conclude you are under the influence you will be charged and taken into custody. The consequences of a DUI can be costly and long-lasting. Fines, jail time, motor vehicle insurance premium increases, and your criminal record indicating an offense for at least ten years will all have an effect on your life.
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