DUI checkpoints may be constitutionally protected, but errors in police procedure are illegal, and a fully prepared DWI lawyer will uncover and attack every single police error made. This diligence could pay off in the form of a reduced charge, or if convicted, in lesser DUI penalties and consequences.
For example, every DUI roadblock must be set up by a trained and experienced supervisory officer who must oversee and select the location of the roadblock. The time and location of the sobriety checkpoint also must be selected by this supervisor. If the police failed this requirement in your case, it constitutes an illegal roadblock setup.
To allow you and your DUI-DWI specialist to prepare your best DUI defense, try to remember everything you saw and heard at the DUI checkpoint. How far ahead did you see the roadblock? Did the officer who first questioned you tell you what the PURPOSE of the roadblock was?
Were you given any advance notice of the roadblock (i.e., was the road block well marked and visible from flares, fluorescent cones, and emergency lights)?