DUI sobriety checkpoints are becoming increasingly common in Southern California and in many other states throughout the US. Many courts have upheld the legality of sobriety checkpoints because their purpose is to prevent accidents and deaths that are caused by driving under the influence of drugs or alcohol. However, certain criteria must be followed for a sobriety checkpoint to be legal.
Important criteria
DUI sobriety checkpoints must be publicly advertised in advance, and it must be highly visible and clearly marked. The stop should take a reasonable amount of time for each driver, and it must be as minimally intrusive as possible.
What to expect at a DUI sobriety checkpoint
If you come upon a DUI sobriety checkpoint, a police officer will ask you to stop. He or she will ask for your license and registration and talk with you briefly to determine whether you seem sober or not. If the police officer doesn’t suspect anything, you’ll be allowed to drive on. But if the officer suspects that you’ve been drinking or taking drugs, you may be asked to do some DUI field tests, just like you would be if you were pulled over on suspicion of DUI.
What if I don’t want to do the DUI tests?
If you’re over 21 and not on probation for DUI, you don’t have to submit to field sobriety tests if you don’t want to. But there can be consequences to refusing to do field tests, and the law is always changing, so you should consult with an experienced DUI defense attorney before refusing. If you do refuse, you can still be arrested for DUI, but at least you’re not helping the police officer build a case against you. If you refuse to take a preliminary breath test, you will be arrested and taken to the police station, where you’ll have to submit to a blood or breath test.
What to do if you’re arrested at a DUI sobriety checkpoint
If you are arrested at a DUI sobriety checkpoint, don’t give up hope. Your case is just beginning, and there may be many viable defense strategies to prevent a conviction or at least avoid the maximum penalties from being imposed. Contact Southern California’s top criminal defense lawyer, Dan Chambers, for immediate legal assistance. He’ll start building your defense strategy and working to attain the ideal outcome in your DUI case right away.
As a prospective client, you’re welcome to schedule a free case evaluation with Attorney Dan Chambers at the Chambers Law Firm now. Make your appointment now by calling 714-760-4088, emailing dchambers@clfca.com, or using by the chat box below.
