Learn the basics about DUI checkpoint law from a Rancho Cucamonga DUI defense attorney.
In a way, DUI checkpoints seem unfair, like a trap designed to ensnare unwary drivers who just happen to be driving down a particular road. But not only have these checkpoints been shown to reduce the incidence of driving under the influence, they have been repeatedly upheld by courts across the country as constitutional. This includes in California, where courts have held that DUI checkpoints are legal.
As a general rule, the police need reasonable suspicion that you are driving under the influence of drugs or alcohol — or that you have committed a traffic offense — before they can stop your vehicle and see if you may be driving under the influence. DUI checkpoints are an exception to this rule. The law allows the police to set up checkpoints in targeted areas, which are usually highways and roads that are known to have a high rate of driving under the influence arrests. These checkpoints are typically scheduled for late at night (or the early morning hours), when people may be leaving bars or parties after consuming alcohol or drugs. To be legal, the police must have objective rules in place for their DUI checkpoints, such as stopping every third vehicle.
According to a Rancho Cucamonga DUI defense attorney, every driver should know some basic facts about DUI checkpoints — regardless of whether they plan to drink or drive. First, it is important to know that you do not have to go through a DUI checkpoint. The police must inform the public ahead of time when and where DUI checkpoints will be. Even if you are not aware of where a DUI checkpoint will be, if you see one and can legally turn, you can do so. However, the police may decide to follow your vehicle if you commit a traffic violation when evading the DUI checkpoint. Only do so if it is safe and legal, and be aware that turning away from the checkpoint may lead to being stopped. Another approach may be to do a quick internet search for area DUI checkpoints before heading out for the night.
Second, once you are actually in a DUI checkpoint line, you cannot refuse to stop.You have to stop if an officer indicates that you should do so. If you fail to stop when commanded to do so, you could face serious penalties.
Third, know your rights when it comes to searches. As a Rancho Cucamonga DUI defense attorney can explain, the police cannot search you or your car unless they have probable cause to do so or you give them consent to search (oral or written). Probable cause may include something like having drugs on the seat beside you — anything that would give them cause to think that a crime is being committed. You are not required to consent to a search.
Fourth, you do not have to take a field sobriety test or a roadside breathalyzer test (for most people). The only time you are required to take a roadside breathalyzer test (known as a preliminary alcohol screening) is if you are currently on DUI probation or are under the age of 21. Otherwise, before you are lawfully arrested, you do not have to consent to a blood alcohol concentration (BAC) screening of any type. You are never required to take a field sobriety test.
Fifth, once you have rolled down your window at the stop, the officer will likely ask you a number of questions, such as whether you have been drinking. While you should be polite, you have the right to refuse to answer questions like “have you been drinking” or “where have you been tonight.”
If you are arrested for a DUI after being stopped at a checkpoint, you will need a skilled Rancho Cucamonga DUI defense attorney to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
