Are DUI Checkpoints Legal in California?

On your way home from a night with a few friends, you encounter a DUI checkpoint in the road. After a brief interaction, the police officer or highway patrol trooper asks you to step out of the car. Though you only had a couple beers, you are suddenly under arrest for DUI and facing harsh penalties. However, you know you have the right to avoid unconstitutional searches. What happened to probable cause in America?

California Allows DUI Checkpoints Under Certain Conditions

The California Supreme Court has ruled that DUI checkpoints do not require probable cause because they are similar to going through a metal detector at an airport. This means that, legally, the police can interrogate you simply because you were unlucky enough to drive towards a sobriety checkpoint.

A DUI checkpoint is not legal by default, however. In California, a valid police sobriety checkpoint must follow numerous protocols.

The requirements include the following:

• A supervising officer must oversee the checkpoint. The oversight must include decisions regarding where, when, and how long the checkpoint is in place.
• The police cannot discriminate amongst motorists.
• There must be a higher than the standard rate of DUIs in the checkpoint’s general area.
• The police must take measures to ensure safety at the checkpoint.
• A checkpoint can only operate for a reasonable length of time and at reasonable times. No permanent checkpoints are allowed.
• It must be clear the checkpoint is an official police operation.
• Each driver can only be stopped for a minimal length of time.
• Each checkpoint should be publicized in advance.

If law enforcement fails to adhere to one or more of these protocols, the DUI checkpoint’s validity may be attacked.

Sobriety Checkpoints Serve a State Interest

The government has a valid interest in preventing drunk driving on its roads. Law enforcement knows first-hand the dangerous crashes that can result from someone driving drunk. In testing whether a DUI checkpoint was valid, a judge or court will balance the state interest in policing intoxicated drivers with every citizen’s constitutional rights. Your rights include freedom from unduly intrusive searches and the right to privacy.

Contesting the Legality of a DUI Checkpoint

Though California courts continue to rule that DUI checkpoints do not violate the constitution, you can contest the legality of the specific DUI checkpoint where you were stopped. A skilled defense attorney can investigate that particular sobriety checkpoint and see if the police followed all the required criteria.

For example, if the checkpoint was set-up in the middle of a five-lane highway at 5:30 p.m. on a Tuesday, it may be invalid. This particular checkpoint would seem to violate the requirements of operating safely and only at reasonable times.

It’s important to keep in mind that just because a checkpoint did not follow every protocol to the letter does not make it invalid. Instead, a judge must determine whether a DUI checkpoint was so deficient it was unconstitutionally intrusive or induced overwhelming surprise in drivers. If you can successfully contest a DUI checkpoint’s legality, your DUI charges may be thrown out of court.

If you’ve been charged with a DUI from a stop at a sobriety checkpoint in Anaheim, California, The Chambers Law Firm can help. We will investigate all aspects of the checkpoint to find violations we can use to get your case dismissed. Contact us today at 714-760-4088 or info@orangecountyduifirm.com to schedule a free consultation with a member of our team.