Although DUI checkpoints may seem like a violation of your rights, they are legal. Learn more about what you can do if you see a DUI checkpoint.
If you’ve been charged with a DUI, you may feel that you were unfairly trapped, whether it was through a targeted enforcement area or a DUI checkpoint. In most cases, however, courts have found that such methods are legal — and claiming entrapment is rarely a successful defense to a DUI charge.
Entrapment
Entrapment is a legal concept that essentially means that a person would not have committed a crime without the police’s action. A classic example of entrapment may be an aggressive undercover police officer who convinces a man to pay her for sex, leading to a prostitution charge. The question the courts ask is if a normally law-abiding person was induced to commit the offense by the conduct of the law-enforcement officer. If the answer is yes, then you may have a successful entrapment defense and can probably have the charge dismissed.
In most DUI cases, however, entrapment is not a successful defense unless a law enforcement officer compelled a person to drink or induced them to drive while drunk when the person would not normally have done either thing. It may arise in unusual cases, like if the police find an intoxicated person sleeping in a vehicle and tell that person to move the car from where it is parked — and then arrest them for driving under the influence. Cases like this are exceedingly rare. While DUI checkpoints may seem like a trap, they are set up to catch people who are already driving drunk — not to compel people to drink and drive. They do not meet the legal definition of entrapment.
Legality of DUI Checkpoints
Courts across the country, including California courts, have repeatedly held that DUI checkpoints are legal. As a general rule, the police need probable cause to stop someone. This is part of your right to be free from unreasonable searches and seizures under the Fourth Amendment. However, courts have determined that the internet of states in preventing drunk driving accidents outweighs the intrusion on sober drivers. Because the intrusion is considered minimal and the safety interest is so high, courts have concluded that DUI checkpoints are a legal way for law enforcement officers to stop drunk driving.
There is one important fact to be aware of when it comes to DUI checkpoints. In California, you do not have to go through a DUI checkpoint. You are allowed to lawfully turn away from a checkpoint, and cannot be forced to go through it. If you have been prevented from turning away from a DUI checkpoint, an Orange County DUI defense attorney may be able to argue that your rights were violated.
While DUI checkpoints often seem unfair or like a trap, they are legal throughout the United States as an important safety measure. The best way to avoid being charged with a DUI — and to avoid hurting yourself or others — is to never drink and drive. If you have had some alcoholic beverages and are behind the wheel, know your rights: you do not have to go through a DUI checkpoint.
If you have been charged with DUI, you need an experienced Orange County DUI attorney on your side. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you get a favorable resolution to your DUI case.
