DUI Checkpoints in California

 

In California, when law enforcement officers set up predetermined fixed locations and stop cars in an effort to discover drivers under the influence of alcohol or drugs, it’s called a DUI checkpoint. Police are using these checkpoints more and more often because the common belief is that people will stop driving after using drugs or drinking an illegal amount of alcohol because they will have a greater fear of being arrested for DUI in California.

 

Law enforcement tends to set these checkpoints up when they believe the highest number of people will be driving under the influence, which typically means late at night or early in the morning. Weekends are also often chosen to set up checkpoints.

 

Are DUI Checkpoints Constitutional?

 

The U.S. Supreme Court upheld the constitutionality of DUI roadblocks in the 1990 Michigan v. Sitz case with a 5 to 4 vote. They argued that DUI checkpoints were a justified intrusion because they served the public interest by reducing DUI. Furthermore,

 

because the checkpoints’ sole purpose was to detect DUI, they ruled that it was not an illegal search and seizure.

 

However, citations for anything from tinted windows and defective tail lights to out-of-date registrations and expired driver’s licenses are often made at these checkpoints. Since each and every one of these citations brings in fees to the local government, it calls into question the “sole purpose” argument. Moreover, roaming patrols have been shown to be far more effective than DUI checkpoints at arresting people for DUI.

 

Despite many legal experts continuing to believe that the Supreme Court’s Michigan v. Sitz decision was wrong, since the fourth amendment protects against unreasonable searches and seizures, only 11 states have outlawed DUI checkpoints, and California is not one of them.

 

The state of California does have its own very stringent guidelines that must be adhered to, though, when conducting DUI checkpoints, as mandated in the Ingersoll v. Palmer case. First, all sobriety checkpoints have to be announced in advance to the public and must come from command law enforcement officers rather than officers in the field. Checkpoints also have to maintain high visibility, remain safe for both motorists and police officers, select vehicles by using a neutral mathematic formula, and keep the average time motorists are detained to a minimum.

 

What to Do If You’re Stopped

 

One of the more interesting requirements of California’s DUI checkpoint law is that drivers have to have the opportunity to drive away if they do not want to be detained at the checkpoint. If you decide to do this, police cannot legally stop you unless you disobey a traffic law or show obvious signs of being intoxicated.

 

If you do decide to stop at a DUI checkpoint or have no way to legally maneuver to avoid it, treat it as you would any police encounter to avoid unintentionally provoking the officer: keep your hands visible, and make no sudden movements. When the officer approaches, lower your window to speak to them. If they are correctly following California DUI checkpoint protocol, the officer will only detain you long enough to ask you a few questions to determine whether or not you are displaying any signs of intoxication. He or she may also shine a light into your vehicle to search for open containers of alcohol. If the officer asks you any questions beyond providing your license, registration, and insurance information, remember you don’t have to answer. Just give them the three items and politely wait. Whatever happens, just keep calm and stay polite so you pass the so-called “attitude test.”

 

You might be asked to take a field sobriety test or a hand-held breath test if the officer believes you are impaired. Refuse these tests unless you are under 21 or on DUI probation – you do not have to take either one! In fact, most DUI lawyers will tell you that the hand-held breath tests are completely unreliable, and the field tests are designed so that you fail them since whether or not you pass is completely up to the subjective opinion of the administering officer. Not taking these tests limits the evidence they have against you.

 

If You Are Arrested at a California DUI Checkpoint

 

Immediately upon reaching the police station, ask to speak to an attorney, and don’t answer any more questions. Even if you’ve already asked for an attorney, ask again. You want a qualified DUI attorney there looking out for your interests as soon as possible.

 

After you are arrested, you must comply to any breath test requested, so don’t panic if they ask you to take a BAC test at the police station. Even if you fail the test, there are options. BAC tests aren’t perfect, and experienced DUI lawyer will argue that the results may have been incorrect for any number of reasons – improper usage of the test, incorrect machine calibration, and differences in your body physiology. Talk to an experience California DUI lawyer as soon as possible to find out what your options are.