Being stopped at a DUI checkpoint does not mean that you have given up your legal rights.
It’s every motorist’s nightmare: you have a few drinks at happy hour with some co-workers, and on your way home, you see the flashing lights and traffic that signify a DUI checkpoint. Many Californians are rightfully confused about the legality of DUI checkpoints and their rights when stopped. As a general matter, most DUI checkpoints are legal because of the state’s interest in preventing drunk driving. This article will explain a bit more about your rights at a DUI checkpoint.
What Happens at A DUI Checkpoint?
At a DUI checkpoint, the police will block all or off part of the road going in one direction. Vehicles will be required to come to a stop at the checkpoint, where officers will ask them to roll down their windows and provide their license and registration. The officer will usually ask the motorist a few questions and watch him for signs of intoxication, like slurred speech or physical impairment. If you seem to be intoxicated, then the officer may start a DUI investigation, asking you to take a pre-arrest preliminary alcohol screening (usually a roadside breathalyzer test) or perform a field sobriety test. If you fail either of these tests, you may be arrested on suspicion of driving under the influence.
DUI checkpoints are governed by specific rules. To be legal, they must comply with the following eight items:
- All operational decisions must be made by supervising officers;
- The criteria for stopping motorists must be neutral (such as every third car that drives up to a designated roadblock);
- The checkpoint must be located in a reasonable place;
- The police must taken adequate safety precautions
- The police must use good judgment in setting up the checkpoint’s time and length
- The checkpoint must show sufficient indicia of being an official roadblock
- Drivers should be detained for the least possible amount of time
- Roadblocks should be publicly advertised ahead of time.
If the police do not follow these rules in setting up and running a DUI checkpoint, any arrests that come from the checkpoint could be thrown out of court if you have an experienced Los Angeles County DUI attorney on your team.
Your Rights At A DUI Checkpoint
In California, you are not required to go through a DUI checkpoint. If you see one on the road ahead, you can turn around and not go through it — provided that you do not break any traffic laws while doing so. If you avoid the checkpoint by making an illegal u-turn or violating the law in any other manner, the police could cite you for that infraction — and while they are doing so, they could determine that you may be driving under the influence.
If you go through the checkpoint, keep in mind that you have the same constitutional rights as you would if you were stopped on suspicion of DUI any other time. You have the right to remain silent; you are not required to answer the officer’s questions or provide any more than the required information. You have the right to refuse a pre-arrest preliminary alcohol screening (roadside breathalyzer test), as long as you are 21 or older and are not on DUI probation. You have the right to say no to an officer’s request to do a field sobriety test. Most Los Angeles County DUI attorneys would advise you to say as little as possible to a police officer at a checkpoint, to refuse a breathalyzer (if permitted to do so by law) and to refuse to perform field sobriety tests. DUI checkpoints permit police to stop cars without probable cause, if they comply with certain conditions. They do not take away any of your other rights.
If you were stopped at a DUI checkpoint, you will need a lawyer who is familiar with the law regarding checkpoints. Attorney Dan E. Chambers is such a lawyer. He is well-versed in all aspects of DUI law, and may be able to have your DUI charge dismissed if the police did not follow the rules for DUI checkpoints. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help defend you against DUI charges.
