The practice of setting up DUI (Driving Under the Influence) checkpoints is rather common in regions like California and elsewhere in the United States. These checkpoints aim to deter drunk or drugged driving by intercepting drivers under the influence, and potentially dissuading others from adopting such risky behaviors due to the looming risk of apprehension at a checkpoint.
Many people have questions about checkpoints – some wonder who exactly the police are able to question. Keep reading to find out and contact Chambers Law Firm at 714-760-4088 if you would like a free legal consultation with a Rancho Cucamonga DUI lawyer.
Why are DUI Checkpoints Legal?
For those well-versed with criminal law, the legality of DUI checkpoints may appear perplexing. Law enforcement generally requires probable cause to detain a motorist on suspicions of DUI, necessitating some form of credible evidence (beyond mere conjecture) that indicates the driver may be inebriated or drugged.
For instance, an officer could witness erratic driving behavior or observe an individual exhibiting unstable walking patterns, getting into a car after leaving a bar. Alternatively, a tip-off from another driver regarding suspicious driving could also serve as probable cause for an officer to stop a driver. So, how is it that DUI checkpoints—which detain vehicles sans any suspicion of the driver’s impairment—are allowed?
The Legal Justification for DUI Checkpoints
As explained by a Rancho Cucamonga DUI lawyer from Chambers Law Firm, DUI checkpoints serve as an exception to the rule of probable cause, established to uphold a crucial governmental interest—safeguarding public safety from the threat posed by drunk drivers. For these checkpoints to be deemed valid, they need to fulfill certain criteria, including providing the public with prior notification of the checkpoint, and adhering to predefined standards for stopping vehicles (e.g., every third car, instead of arbitrary stops based on an officer’s discretion).
Because DUI checkpoints exist as a precise exception to the probable cause requirement, specifically targeting the hazard of drunk driving, law enforcement officers are not authorized to inspect every occupant of the car. This limitation aims to respect the core purpose of the checkpoint: addressing the risks associated with drunk driving.
The Exceptions and Potential Risks for Passengers
However, this does not imply passengers in a vehicle stopped at a DUI checkpoint are immune from trouble. Although the police usually require a warrant to conduct a search, the expectation of privacy is somewhat diminished in vehicles. Further, there’s an exception to the warrant requirement for plainly visible items. Simply put, if an illegal item is conspicuously visible and its illicit nature evident, police are permitted to confiscate it without a warrant.
What are the implications of this exception? If a vehicle stopped at a DUI checkpoint contains something overtly illegal, say a bag of heroin with a kit on your lap, you could face drug possession charges, irrespective of whether you were driving. This is because the drugs, being in plain sight and their illicit nature evident, fall within the police’s right to seize without a warrant. So, while a DUI check isn’t performed on every individual in the car, law enforcement officers are not required to ignore glaringly criminal items if observed during a DUI checkpoint.
Need Assistance Following a DUI Checkpoint Arrest?
If you’ve been charged with DUI or any other crime during a DUI checkpoint, securing the services of an experienced Rancho Cucamonga DUI lawyer from Chambers Law Firm is crucial. We are committed to providing robust representation to clients charged with a variety of crimes, including DUI. Contact us today at 714-760-4088 or via email to find out more or to schedule a complimentary initial consultation.
