Are DUI sobriety checkpoints legal?
Many courts in California and in other state have upheld the legality of DUI sobriety checkpoints because they prevent accidents and deaths that are caused by those driving under the influence of drugs. In order for DUI sobriety checkpoints to be legal, though, they must be publicly advertised in advance. They must also be highly visible and clearly marked. Anytime a driver is stopped at a DUI sobriety checkpoint, it should take a reasonable amount of time and be as minimally intrusive as possible.
Dealing with a DUI sobriety checkpoint
If you come upon a DUI sobriety checkpoint, you probably won’t be delayed for very long. The police officer will ask you to stop your vehicle. Then he or she will talk with you for a few minutes to evaluate whether you’re driving sober or not. If the police officer doesn’t suspect that you’ve ingested any drugs or alcohol before driving, you’ll be allowed to drive on.
But if the police officer has any doubt about whether you have alcohol or drugs in your system, you’ll be asked to complete some field sobriety tests. Then you may be asked to submit to a preliminary breath test to determine whether your blood alcohol level is above .08% – the legal limit in California.
What if I get arrested at a DUI sobriety checkpoint?
Getting arrested for DUI at a sobriety checkpoint is essentially the same as getting arrested during a normal traffic stop. But take heart – DUI charges can be successfully fought, but only if you find an experience DUI defense attorney to help you ASAP.
As soon as possible after your arrest, you should call Attorney Dan Chambers of the Chambers Law Firm at 714-760-4088. You can also contact his office by email at dchambers@clfca.com or by using the chat box below.
There are many viable legal defenses against DUI charges, but it’s important that you act now to get immediate assistance. You only have 10 days from the date of your arrest to request a DMV hearing to contest the suspension of your license, and court procedures will likely begin shortly after that.
Get Southern California’s most tenacious DUI defense attorney on your side now – simply call 714-760-4088, email dchambers@clfca.com, or use the chat box below.
