For many people, Labor Day weekend is a time to kick back and enjoy the last few days of summer. Kids are back in school, swimming pools are closing, and we have this last opportunity while the weather is still warm to celebrate with family and friends. Some people go on camping or boating trips, some host barbecues or parties, and others just take advantage of the long weekend by spending an extra night out at restaurants or bars. One thing for certain, however, is that many Labor Day activities and celebrations involve alcohol.
There is nothing wrong with sitting by the grill with a couple of beers. However, the problems arise when many people decide to drive home. Drunk driving accidents tend to spike over holidays, especially long holiday weekends. For this reason, law enforcement agencies are on high alert for drunk drivers during this time. Illinois is one of most states participating in the Drive Sober or Get Pulled Over campaign from August 17 to September 4.
Police will be out in full force ready to pull over drivers and make arrests on suspicion of driving under the influence (DUI) of alcohol or drugs. This often means an increase in DUI arrests and charges stemming from Labor Day. While the best way to avoid an arrest is to never drive after drinking, you should also be aware of the common tactics used by police during Labor Day, and if you get arrested, call the highly experienced DUI defense attorneys at Martin & Kent, L.L.C., as soon as you can.
Saturation Patrols
A saturation patrol, also called a roving patrol, occurs when law enforcement agencies dispatch more patrol cars than usual to gather on specific roads or in areas of town where they may expect an increase in drunk drivers. These officers look specifically for the signs of possible impaired driving and seek to pull over these drivers. Some signs they may watch for include:
- Driving too slowly or too fast
- Weaving or drifting from lanes
- Not using headlights
- Erratic braking
- Making turns down the wrong way of a street
When officers see the above conduct or any other traffic violation, they pull over the vehicle and observe the driver for signs of intoxication. They may claim to see bloodshot or watery eyes, lack of coordination when gathering a driver’s license and insurance card, nervousness, slurred speech, confusion or disorientation, sweating, the odor of alcohol, or evidence of drinking, such as open containers in the car.
Often, police officers in saturation patrols have such intense focus on catching drunk drivers that they may mistake perfectly normal driving behaviors for signs of impairment. For example, if you are sober and glance down at your watch for a second, you may accidentally turn the wheel slightly, but still remain in your lane. Police may claim you were swerving and may pull you over when, in reality, they did not have the necessary reasonable suspicion to do so. For this reason, wrongful traffic stops and Fourth Amendment violations are common with saturation patrols.
Sobriety Checkpoints
Sobriety checkpoints involve officers blocking off a road or highway so that all traffic must travel through the checkpoint. Officers can then look for drivers who are under the influence. Under the Fourth Amendment, police cannot stop drivers for no reason at all, however, courts have found that sobriety checkpoints are constitutional so long as they meet certain requirements. Such requirements can include:
- Choosing a reasonable location
- Maintaining safe conditions for the checkpoint
- The checkpoint exists at a reasonable time and for a reasonable duration
- Giving drivers advance notice of checkpoints, usually online
- Limiting the discretion of field officers
- Not targeting certain individuals or acting with bias
Generally speaking, police officers cannot watch cars pass through the checkpoint and choose to stop certain types of drivers they find suspicious, such as drivers of certain races. Instead, officers should either stop every vehicle briefly or select vehicles based on a pattern, such as every three or four cars. In addition, officers can stop a car if the driver displays signs of impairment while passing through the checkpoint.
If an officer stops you at a checkpoint, they will ask for your license and may ask you some questions. You should show them your license but remember you do not have to answer their questions, as they are not officially detaining you. Be polite and decline to answer them. If an officer has sufficient suspicion to believe you are driving under the influence, they can pull you over away from traffic and conduct a traditional traffic stop. This may include field sobriety tests, breath tests, and possibly an arrest for DUI.
On holiday weekends like Labor Day, many police officers involved in saturation patrols or sobriety checkpoints get caught up in making more arrests and, therefore, are more likely to make mistakes that violate your constitutional rights. If the police arrested you over Labor Day and you now face DUI charges, you need an attorney on your side who knows the many ways possible to defend against this type of charge. Your arrest already disrupted your holiday weekend—do not let a DUI conviction disrupt the rest of your life.
Call Our Experienced DuPage County Criminal Defense Lawyers as Soon as Possible
At the criminal defense firm of Kent Law, L.L.C., we regularly represent clients arrested on suspicion of DUI over holiday weekends. We know how to examine the circumstances of saturation patrols, sobriety checkpoints, and traditional traffic stops to identify whether an officer violated your rights in any way. We also have many other ways to defend against DUI charges, aiming to get your charges dismissed or reduced whenever possible.
DUI convictions have many serious consequences, and there is too much at stake to risk handling a case alone or with inadequate representation. The DUI defense attorneys at Kent Law, L.L.C., know how to assist you. We help clients in and around DuPage County and Kane County, so please call today at (630) 474-8000 for more information.