California DUI Sobriety Checkpoints
By law, sobriety checkpoints and stops by police officers are allowable, provided that they are conducted in accordance with strict guidelines.
Unlike arbitrary targeting, DUI checkpoints are designed to be fair and impartial, ensuring the safety of all drivers on the road.
They are considered to be an administrative inspection that is similar to searching your bags at an airport.
The primary motivation is public safety and to deter drunk driving. DUI checkpoints are legal, but law enforcement must carefully follow the rules to protect your legal rights.
An important ruling by the California Supreme Court in Ingersoll v. Palmer established the rules.
In this case, certain guidelines were established for California DUI checkpoints:
- The public must be given notice of the checkpoint
- There must be a turnout prior to the checkpoint so that people who do not want to proceed through it have the option to turn around. These people cannot be pulled over based solely on their decision not to proceed through the checkpoint
- There must be a random, impartial formula for stopping cars (such as every 4th or 5th car)
- Safety conditions must be monitored at the checkpoint
- The length and nature of the detention must not be intrusive to the public
- The location must be reasonable, as well as the time and day they are conducted
In order for an officer to pull you over for DUI, there must be “reasonable suspicion” that you are driving under the influence of drugs or alcohol requires it.
That “reasonable suspicion” would be in the form of erratic driving, speeding, or some other violation.
Notably, under the California and United States Constitutions, DUI checkpoints are legal and have been confirmed and validated by numerous court cases as long as they meet specific standards.
There is a military diversion program for a DUI for some veterans in California who were arrested for misdemeanor driving under the influence.
Do you have to stop at a DUI checkpoint in Los Angeles?
The short answer is Yes. If you drive up to a Los Angeles DUI checkpoint, you are legally required to stop and comply with police.
This is an exception to the rule that police can't pull someone over for no reason. California DUI checkpoints are not considered a violation of your constitutional rights.
These are the initial points that an experienced lawyer will investigate regarding your DUI arrest, ensuring that you are fully informed about the legal process.
A thorough investigation will reveal where there might have been violations of the regulations regarding how the sobriety checkpoints were conducted or whether you were, in fact, pulled over and stopped illegally.
These violations can be used to defend the charges, and in some instances, the charges may be dropped altogether.
Do You Have To Submit to Alcohol Tests at a DUI Checkpoint?
In most cases, police will utilize certain tests to determine if you're under the influence of drugs or alcohol. If you haven't been arrested, you don't have to submit to these tests. However, if you have been arrested for DUI, you will be required to submit to the test. Refusal is a crime by itself.
Police use field sobriety tests, which involve walking a line or reciting the alphabet. These are done prior to arrest, and it's your decision whether to comply, but refusal will normally lead to arrest.
A “preliminary alcohol screening” (PAS) is a small portable breath test similar to a breathalyzer. Police will request that you blow into the device prior to arrest. You can refuse, but you will probably be arrested, and the prosecutor will use your refusal against you.
Blood and breath test will be requested by police after you are arrested for driving under the influence. This is normally completed at the police station. Your are legally required to comply or face additional charges.
What makes our law firm valuable to you is our knowledge of the laws and procedures required per the laws of our state. We will aggressively investigate any potential violations regarding your DUI arrest and uncompromisingly provide you with the best defense possible.
If you have been arrested for DUI, contact Cron, Israels & Stark and have your case assessed for the best defense possible.
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