While you cannot refuse a DUI checkpoint once in it, you can avoid the checkpoint entirely.
Although it may seem counterintuitive, driving under the influence (DUI) checkpoints are legal in California. These checkpoints are an exception to the general rule that the police need probable cause to stop a person who they suspect may be driving under the influence of alcohol and/or drugs. This is because there is an important government interest in protecting the public from the dangers of impaired driving.
However, a DUI checkpoint must meet certain requirements to be valid under both the US and California constitutions. This includes:
- The criteria for stopping motorists must be neutral;
- Supervising officers must make all operational decisions;
- The checkpoint must be reasonably located;
- The checkpoint’s time and duration must reflect “good judgment;”
- Adequate safety precautions must be taken;
- Drivers should be detained for a minimal amount of time;
- Roadblocks should be publicly advertised in advance; and
- The checkpoint must exhibit indications of its official nature.
If the checkpoint does not meet these requirements, then a skilled DUI defense lawyer Orange County, CA may be able to defend a driver arrested at the checkpoint against the charges.
Although DUI checkpoints are advertised in advance, it is possible that you will come across one. If you do see one, you are permitted to turn around or to take another route. It is perfectly legal to avoid a DUI checkpoint, as long as it is safe and legal to do so. However, it is important to know that if you commit a traffic violation, have something wrong with your vehicle or show obvious signs of intoxication while turning to avoid a DUI checkpoint, you may still be pulled over by the police. For example, if you make an illegal U-turn just before the DUI checkpoint, then the police may pull you over for that traffic violation — and end up charging you with a DUI anyways if you are impaired.
However, if you go through the DUI checkpoint, then you are required under the California Vehicle Code to stop and submit if your vehicle is stopped by the police. If you are at the checkpoint, a refusal to comply with the officer’s instructions may lead to a separate charge (typically, an infraction).
Importantly, this does not mean that you have to submit to pre-arrest testing that you otherwise would not be required to do. According to a DUI defense lawyer Orange County, CA, you are never required to perform field sobriety tests. And unless you are currently on DUI probation or are under the age of 21, then you do not have to take a pre-arrest breathalyzer test (known as a preliminary alcohol screening or PAS). Even at a DUI checkpoint, you have the right to refuse to take those tests. If you are arrested on suspicion of driving under the influence, then you will be asked to take a post-arrest chemical blood or breath test. If you refuse to take a post-arrest test, then you may face additional penalties, including an automatic one-year driver’s license suspension.
The Chambers Law Firm represents Californians who have been charged with a range of crimes, including DUI. Founded by former prosecutor Dan E. Chambers, we understand how these types of cases are resolved — and we use our knowledge to help you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense lawyer Orange County, CA.
