DUI checkpoints generally only apply to the driver.
Checkpoints for driving under the influence (DUI) are fairly common in California and across the United States. They are set up as a way to stop drunk drivers and hopefully to prevent others from driving under the influence of drugs or alcohol — knowing that there is a possibility that they may be caught at a DUI checkpoint.
For those who understand criminal law, it may seem strange that DUI checkpoints are allowed. Generally, law enforcement needs probable cause to pull over a motorist for driving under the influence. This means that they need to have some sort of evidence — more than a hunch — that the person is driving drunk, while on drugs, or while using a combination of drugs and alcohol. For example, a police officer could personally observe a person driving erratically, or could see a person get behind the wheel of a car after exiting a bar, walking unsteadily. Alternatively, a law enforcement officer may get a tip from another driver who saw a person driving in a way that would indicate that they may be drunk or high.
Any of these situations could rise to the level of probable cause, allowing a police officer to pull over the driver in question. So how are DUI checkpoints — which stop cars without any sort of suspicion that a driver is impaired — allowed?
According to a DUI defense lawyer in Los Angeles, CA, DUI checkpoints are an exception to the probable cause requirement. They are designed to fulfill a specific government interest in protecting the public from the danger of drunk drivers. To be permissible, these checkpoints have to meet certain requirements. This includes giving the public advance notice of the checkpoint, and having standards for which vehicles are stopped (such as every third car, rather than whatever car an officer feels like stopping).
Because DUI checkpoints are a narrow exception to the probable cause requirement that is based on the interest of protecting the public from impaired drivers, law enforcement officers cannot check everyone in the car. As a DUI defense lawyer in Los Angeles, CA can explain, if the police did that, it would violate the purpose of the checkpoint: addressing the dangers of drunk driving.
However, this doesn’t mean that passengers in the vehicle at a DUI checkpoint can’t get in trouble if they are in a vehicle that is stopped. While the police generally need a warrant to conduct a search, individuals have a lowered expectation of privacy in their cars — and there is a exception to the warrant requirement for things that are in plain view. In simple terms, if there is an object in plain view and its illegality is obvious, then the police can seize it without a warrant.
What does this mean? If you are in a car that is stopped at a DUI checkpoint and you have something illegal on your lap, such as a bag of heroin with a kit, then you may be charged with drug possession, even if you were not the driver. That is because the drugs were in plain view and their illegality was apparent. So while the police cannot perform a DUI check on everyone in the car, they do not have to ignore things that are obviously criminal in nature if they see them during a DUI checkpoint.
If you have been charged with a DUI or any other crime during a DUI checkpoint, you will need an experienced DUI defense lawyer in Los Angeles, CA to represent you. At the Chambers Law Firm, we are dedicated to representing clients who have been charged with a range of crimes, including DUI. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation.
