Understanding New Jersey DWI Checkpoints

DUI checkpoints are constitutional in the State of New Jersey according to the New Jersey State Constitution. There are certain requirements and procedures implemented by the State to conduct DWI checkpoints properly. Sobriety checkpoints are designated locations where local and state police officers are allowed to screen drivers for indications of driving while impaired.

New Jersey Drunk Driving Checkpoint Requirements

sobriety check point

In New Jersey, all DUI checkpoints must be set up properly and for an effective purpose. A DWI checkpoint should be established by a supervisory authority and targeted to a designated area at a specific time and place. Additionally, law enforcement is required to notify the drivers of the roadblock through use of signs and lighting designating the checkpoint area. During a stop of a vehicle the officers may ask basic questions, request documentation and look for signs of impairment. Police should use a neutral formula in deciding who to stop and they are not permitted to stop drivers based on appearance alone.

What Should I Expect When Going Through A Sobriety Checkpoint?

As you approach a DWI checkpoint you will be required to slow down and wait for your turn to be processed through the roadblock. The police officers conducting the sobriety checkpoint will detain each driver selected for a brief period of time. If it appears that you exhibit signs of impairment due to alcohol or drugs, then you will be asked to move your car to a separate area where field sobriety tests will be performed. Some typical signs of impairment due to alcohol or drugs include slurred speech, glassy or bloodshot eyes and the smell of alcohol in the car or on your breath.

Prohibited Temporary DUI Sobriety Checkpoints In New Jersey

Temporary DUI checkpoints are prohibited by police officers to conduct at their own discretion. Police officers are prohibited from performing DUI checkpoints without their commanding officer's directive. Police officers don't have the authority to select a DUI checkpoint location or time. Each checkpoint conducted in NJ must report with the exact time and date. The checkpoint report must consist of how the checkpoint will be set up, the reason for the checkpoint, location and purpose of the checkpoint.

Call Villani & DeLuca, P.C. if you've been charged with DWI at a sobriety checkpoint in New Jeresy.  Our firm has been helping individuals defend themselves from pending DWI charges since 1996. Call 732-372-0820 today to have your FREE consultation with one of our DWI attorneys.