Are DUI Checkpoints Allowed In Alabama?
What Would Justify A Police Officer Making A DUI Traffic Stop?
The police in Alabama need to have probable cause to pull someone over, which would mean that from a reasonable standpoint, they should be able to think the person was either committing a crime, about to commit a crime, or had just committed a crime. They would have to personally observe someone weaving in and out of traffic lanes or speeding or committing some other traffic violation in order to pull them over.
Are Police Allowed To Sit Outside Of A Bar Or Club And Target People Who Are Leaving?
The police can sit wherever they want and theoretically they could also set up something if they wanted to, although they would not be able to just pull someone over because they were leaving a bar because they would have to personally observe that person commit a crime or a traffic violation in order to pull them over.
Would This Be Considered Entrapment Or Anything Like That?
No, not unless there were certain circumstances, although it would not be for just sitting on the road leading to a bar or something like that.
Can Someone Refuse To Step Out Of The Car If The Police Asked Them To?
The police would certainly be able to ask someone to step out of the car, however the person would have the right to refuse. In Alabama, people are only required to tender their driver’s license and proof of insurance if asked by the police officer. If the police officer still insisted for the person to step out of the car, then the person should invoke their right to remain silent and their right to an attorney, because at that time they would know that what the police were doing was more than a mere traffic stop and that their liberty was being restricted so they were under arrest.
Are The Road Side Tests Voluntary Or Required And What Happens If Someone Refused?
The road side tests are voluntarily. Nothing would happen in regards to the person’s driver’s license being suspended or anything like that in case they refused to perform the tests. That would come into play when the person had read implied consent, they were already at the jail and they had already been arrested for DUI and then put in front of the Draeger machine and the license suspension issues would come into play if the person refused at this time.
Do These Check Points Happen Randomly Or More So Around Weekends Or Holidays?
Police check points can happen at random, although they do tend to happen more on holidays that are involve drinking, because they result in more drinking and driving accidents. This tends to happen more on holidays like the 4th of July, Labor Day or Memorial Day.
What Is A DUI Check Point And What Is Required For Police To Choose A Checkpoint?
Under the guise of public safety, check points would usually be set up so the police could check people’s licenses to make sure they were not driving without a license or driving on a suspended licenses and so they could make sure people were wearing their seat belts, although in reality, the public has come to know that these are really at least partially motivated by checking for drunk drivers.
These checkpoints could happen on public roadways in Alabama. They would check the person’s driver’s license and if they smelled alcohol in the car, they could ask the person to pull over and they would start the DUI investigation from there.
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