Before you head out, learn these basic facts about DUI checkpoints.
As a society, we have decided that drinking and driving is something that we want to stop — and for good reason. Drunk driving leads to a shocking number of accidents, injuries, and fatalities each year, and can be incredibly dangerous for everyone on the road.
One way that the police attempt to stop drunk driving is through the use of DUI checkpoints. Here in Southern California, DUI checkpoints are set up at certain times and locations — often when people are known to be out drinking — to attempt to make drunk driving arrests. Normally, in order for the police to stop a driver on suspicion of drunk driving, they need cause to believe that the person is driving under the influence of alcohol or drugs. However, DUI checkpoints are an exception to that rule. The courts have set up special rules that must be followed for DUI checkpoints to fit into that exception. If the police do not follow these rules, then anyone arrested at that DUI checkpoint could potentially have their charges dismissed as a result with the assistance of an experienced Orange County DUI lawyer.
First, the police must have a pre-determined method of stopping motorists who pass through the DUI checkpoint. They cannot just randomly stop vehicles, or chose to stop people based on who think might be drunk or who is acting suspiciously. Instead, they have to set something up in advance, such as stopping every fourth car. Second, they have to properly publicize the general location of the DUI checkpoint. This is usually done with road flares, cones, police cars, and officers. There may also be signs set up alerting motorists that a DUI checkpoint has been set up on the road. Importantly, under California law, you do not have to go through a DUI checkpoint. If you are lawfully able to do so, you can turn away from the checkpoint (in other words, without making an illegal turn). Third, the police must have a prescribe method of screening a stopped motorist. This means that the officers do not have discretion on how to investigate potential DUI suspects at the checkpoint, compared to when they stop cars based on probable cause. The police will typically ask drivers at the checkpoint to show their driver’s license, proof of insurance, registration, and then some basic questions. These question should be substantially the same for all drivers in the checkpoint, and may include questions such as where the driver is coming from, where he or she is going, if the driver has been drinking, and how much the driver has had to drink.
During the DUI checkpoint, if the officer smells the odor of alcoholic beverages on the driver or sees other signs of intoxication, then the officer will likely ask the driver to submit to a more detailed screening. This may include stepping out of the car for field sobriety tests and a roadside breathalyzer test. Importantly, you never have to take field sobriety tests. Unless you are under the age of 21 or currently on DUI probation, you also do not have to take a roadside breathalyzer test. You are also not required to answer the police’s questions after providing your license and registration.
If you have been charged with a DUI after being stopped at a checkpoint, an experienced Orange County DUI lawyer can help. At the Chambers Law Firm, our attorneys are dedicated to helping people who have been charged with DUIs in Orange County and the surrounding areas. We will aggressively defend you to achieve the best possible outcome for your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
