As the drunken driving prevention campaign from the National Highway Traffic Safety Administration (NHTSA) notes, “There’s nothing scarier on Halloween than a drunk driver.”
According to NHTSA, a staggering 43 percent of all motor vehicle deaths during the five Halloween nights between 2009 and 2013 involved drunk driving. Additionally, 26 percent of all pedestrian fatalities on Halloween night in 2013 involved a drunk driver.
Last year, a 50-year-old woman was convicted of third-degree murder, homicide by vehicle while driving under the influence, homicide by vehicle, accidents involving death or personal injury, and driving under the influence (DUI) after she had a blood alcohol content (BAC) of 0.203 percent when she collided with a minivan on Halloween 2012, killing a 52-year-old Brookhaven woman. The offender was sentenced to serve 9 to 18 years in a state correctional facility last June.
Accidents like this are why there will be an increased national focus on drunk driving prevention this Halloween. Local police in and around Chester County have not yet announced specific DUI checkpoints, but drivers in Southeastern Pennsylvania will be coming across them this Halloween.
DUI checkpoints are not created at the whims of the authorities. There are statutes and rules that must be followed during their implementation. DUI checkpoints require administrative approval and prior notice to the public of their locations. Vehicles to be stopped during a checkpoint must be pre-determined (such as every third car) and not just arbitrary or randomly stopped.
The surest and safest way to avoid a tragic accident or DUI arrest (or both) is simply to have alternative transportation plans arranged if you will be consuming alcoholic beverages. If you do come across a DUI checkpoint, you should be aware of your rights during this encounter with authorities.
If you should happen to be arrested for DUI at a checkpoint in Southeastern Pennsylvania, you will want to immediately contact an experienced West Chester DUI defense lawyer. Our attorneys can review not only the circumstances surrounding your DUI arrest, but the legality of the checkpoint itself.