California DUI Security Checkpoints and Roadblocks

 

DUI security checkpoints and roadblocks are a very common occurrence in the state of California and their frequency has increased over the years in an effort to catch the drivers who pose a threat to the general population by drinking and driving. While the objective of these security setups is to deter drunk drivers, they are also meant to arrest those who are visibly impaired and charge them with drunk driving.

 

Normally, for the least disruption of the regular traffic flow, police officers will only ask the driver to stop in order to answer a couple of questions and they will shine a light on the face of the driver. This is to be able to gauge the behavior of the driver and their ability to answer the questions; if they believe that you are sober, you will be allowed to driver further on. However, if they can see that you are under the influence, you will be asked to step out and perform what they call the California DUI field sobriety tests.

 

Although, under the state and federal constitution, DUI security checkpoints and roadblocks are to be conducted once or twice a month but their locations are usually pre-determined and they have to follow certain procedures and rules in order to be considered lawful. If you have been stopped at a California DUI security checkpoint, you must have been asked questions or even asked to step out of the vehicle. If you ended up being charged with DUI and if you believe that the security checkpoint at any time was not conducted according to the legal procedure then you must contact a DUI attorney immediately. This is because your attorney will be able to argue your case based on the illegal factors of the checkpoint and have your charges dropped or reduced to a significant extent.

 

Remember that in California, all DUI security checkpoints must follow criteria and procedure set by the California Supreme Court in Ingersoll vs. Palmer. This means that if the procedure is not followed even for one single driver then the entire DUI security checkpoint is not legal and all evidence used to charge a driver for DUI should be useless to dismiss a driver’s license at the per se hearing of California DMV. The Supreme Court of California has outlined eight basic factors that not only make the DUI security checkpoint lawful but also safe and less obtrusive for all drivers on the road.

 

In order to reduce random law enforcement as compared to targeted law enforcement, the locations for all DUI security checkpoints must be determined by supervisory police officers of the appropriate rank and experience and not by field police officers. Also, to reduce the possibility of every police officer using their discretion or wish to stop just about any driver they wish to, the California DUI security checkpoints must use some neutral formula to stop drivers. They can either stop every second driver, every sixth driver, and every tenth driver and so on.

 

The California DUI security checkpoints can only be operated in the first place when the volume and size of the traffic at the specific location is manageable and allows the checkpoint to be conducted safely. For all drivers and police officers, there is a safety guideline that requires proper lighting, warning signs and signals to be placed and visible to all drivers. The required number of personnel with the appropriate experience is required to conduct the checkpoint and investigate the drivers.

 

Choosing the location of California DUI security checkpoints and roadblocks is also a matter of significance because police officers cannot set them up anywhere they want to. Instead, the supervisory officer determines their location based on the incidence of drunk driving in various areas as well as areas where the most alcohol-related accidents take place. The police officers are also expected to choose good time duration for the checkpoint with the safety of the drivers in mind as well as to minimize the trouble and hindrance to the drivers.

 

Each DUI security checkpoint must be very clearly visible beforehand which makes the checkpoint legitimate and increases the deterrent effect that it is supposed to have. If you feel that any DUI security checkpoint is unlawful or is following the wrong procedure, you must contact a DUI attorney and bring the fact to their notice.