Learn what you can and cannot do at a DUI checkpoint.
Although many people may view DUI checkpoints as a type of entrapment, they are legal. The United States Supreme Court has repeatedly ruled that these checkpoints are legal, as long as certain rules are followed.
While DUI checkpoints are legal in California, you do still have rights when you are stopped at a checkpoint. If these rights are violated or the police do not follow the rules for the checkpoint, then you may be able to have your charges dismissed or reduced. Read on to learn more about your rights at a DUI checkpoint from a DUI lawyer in Riverside, CA.
Avoiding DUI Checkpoints
The first right you have when it comes to DUI checkpoints is the right to not go through one. As long as you are legally able to do so, you can turn away from a DUI checkpoint. The important thing is to follow all traffic laws; if you break the law when trying to avoid the checkpoint, the police could pull you over and investigate you for driving under the influence.
For example, if you are driving down the road and see signs indicating a DUI checkpoint, you could turn at an intersection or make a u-turn (if you can do so legally) to avoid the checkpoint. The police cannot stop you simply for avoiding a DUI checkpoint. They can stop you if you do something illegal or otherwise give them cause to pull you over.
It is important to know that if there is no way to turn out of a DUI checkpoint — if you didn’t see the checkpoint until it was too late to turn, for example — then you are required to stop at the checkpoint if the police flag you to stop. Pay attention to the road when you are driving and note signs that indicate that you are approaching a DUI checkpoint.
Your Rights Once You Have Been Stopped
Once you are actually stopped at a DUI checkpoint, you have the same rights as you would at any other DUI checkpoint. This means that you can exercise your right to remain silent and otherwise refuse to incriminate yourself.
As long as you are not under the age of 21 or currently on DUI probation, you can refuse to take a roadside breathalyzer or other chemical test to determine your blood alcohol content. You can also decline to take field sobriety tests and to answer any questions about whether or not you have been drinking. You will be required to provide some basic information, such as your license, registration and your name. You do not have to engage in further conversation with the officers, but keep in mind that being belligerent or disrespectful may increase the odds of you being investigated for driving under the influence.
If you have been stopped, pay attention to the details of the stop, which could be useful for your defense if you are charged with a DUI. Note whether there is a sign stating that you have the right to turn around, or if the police are stopping every car. Be sure to tell your DUI lawyer in Riverside, CA about these facts to help fight back against unjust DUI charges.
In Riverside and the surrounding areas, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. Our attorneys are highly experienced in defending Californians accused of DUIs, with a proven track record of success in getting the best possible deals for our clients.
