Deskins Criteria Regarding DUI Checklanes

Deskins Criteria Regarding DUI Checklanes

Posted By Kansas DUI Attorney - Jerry Wallentine || 14-Aug-2012

Recently, I blogged about the legality of drunk driving checklanes. It was discussed how the courts applied a "Deskins" legal analysis. Deskins is a Kansas Supreme Court case about sobriety check points and roadblocks. It's citation is State v. Deskins 234 Kan. 529, 673 P.2d 1174 (1983)

In that case, they decided that the use of roadblocks to investigate possible DUI cases is not an automatic violation of the Fourth Amendment. Alas, the Fourth amendment allows searches and seizures, but they must be reasonable. Therefore, there are factors and criteria which must be met by law enforcement police officers regqarding these DUI checklanes. These factors include:

1. The degree of discretion, if any, left to the officer in the field

2. The location designated for the roadblock

3. The time and duration of the roadblock

4. Standards set by superior officers

5. Advance notice to the public at large

6. Advance warning to the individual approaching motorist

7. Maintenance of safety conditions

8. Degree of fear or anxiety generated by mode of operation

9. Average length of time each motorist is detained

10. Physical factors surrounding the location, type and method operation

11. The availability of less intrusive methods for combating the problem

12. The degree of effectiveness of the procedure

13. Any other relevant circumstances which might bear upon the test

These are the things a DUI defense lawyer may evaluate in a drunk driving charge. Obviously, a criminal defense lawyer will likely consider other issues in a drinking and driving legal case as well.

Categories: DUI, Traffic