Had 3 drinks, blew .09 at sobriety checkpoint. Failed sobriety tests bc I didn't ''listen'' to his instructions properly even tho I performed the test perfectly. First offense, no priors. Please answer above questions.
The checkpoint was performed on a busy 3 lane road, there was no escape route from the point to where one could see the checkpoint. No location was given just time...and Alexandria is a big city.
0.09 is barely above legal limit...very concerned.
No, not required to provide an alternative route.
No, a check point may not be disclosed to the general public beforenhand.
Same for time and location.
Please retain a local counsel to address your present charges.
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There is a constitutional issue here as to what requirements must be met for a roadblock. Drug roadblocks are not legal DUI roadblocks can be if certain requirements are met.(you seem familiar with some rules that may be applicable in your situation) A local attorney that is familiar with this issue would be a really good starting place. I would suggest that you go to the National Dui College website and see if there is n attorney locally from that list as these people are generally the most prepared to tackle this issue. Google NCDD
In California, there are factors that need to be followed for a valid DUI checkpoint (ie. Ingersoll factors). You should check with an attorney in your area to discuss your case, and whether there is case law in VA that sets factors, and if that checkpoint passes the test.
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