DUI sobriety checkpoints in California are roadblocks that allow law enforcement officers to visually inspect drivers to determine whether they are potentially driving under the influence (DUI).
Typically, when police set up a DUI checkpoint, it creates new traffic patterns. For example, they will use cones and other tools to section off parts of the road to direct traffic into a few lines.
Traffic will come to a stop as motorists wait in these lines, which typically move quickly, especially when police do not stop every car in the line.
Depending on the location of the DUI checkpoint, police officers might create slower traffic than normal and pull randomly selected motorists over to the actual checkpoint.
When it's your turn, if you are stopped at a checkpoint, you pull up to a police officer and open your window. The officer typically asks to see your license and registration and will start a short discussion.
The officer is seeking signs that might indicate probable cause to believe you are driving under the influence of alcohol. These signs can include trouble finding your license or registration, breath smelling of alcohol, slurred speech, and the presence of alcohol in plain view within your car.
Perhaps you have open empty alcohol containers on the car floor, or you have trouble answering a few simple questions. If the police officer doesn't notice any potential signs of a DUI, they will normally give back your license and registration, and you will continue driving as before.
However, if they see any signs of a possible DUI, they might ask you to pull over and step out of the vehicle. You could be asked to perform a field sobriety test or submit to a preliminary alcohol screening (PAS) breath test. A common question is are these DUI checkpoints constitutional? Let's explore this question below.
DUI Checkpoints and the Fourth Amendment
In California, DUI checkpoints are often controversial, with drivers who believe they are unlawful and unconstitutional.
The main question is whether DUI checkpoints violate a driver's Fourth Amendment rights, which protect people from unreasonable searches and seizures by law enforcement without probable cause.
Notably, under the California and United States Constitutions, DUI checkpoints are considered legal and have been confirmed and validated by numerous court cases as long as they meet specific standards.
In other words, DUI checkpoints have mostly been upheld as legal in California. Still, drivers who are arrested at a DUI sobriety checkpoint may be able to challenge their arrest based on constitutional grounds.
For example, while police officers do not need probable cause to stop drivers at a DUI checkpoint, they still must meet specific requirements under the United States and California constitutions.
The California Supreme Court ruled that DUI checkpoints are "administrative inspections," like airport screenings. They are considered an exception to the Fourth Amendment rule that police must first have probable cause to start a DUI investigation.
DUI Checkpoints - Quick Facts
- The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures.
- Typically, police are required to have probable cause or reasonable suspicion to conduct a search or stop a vehicle.
- DUI checkpoints seem to contradict Fourth Amendment protection at first glance, but the Supreme Court ruled that DUI checkpoints are constitutional under certain conditions.
- In the landmark case Michigan Dept. of State Police v. Sitz (1990), the Supreme Court upheld the constitutionality of DUI checkpoints by stating the interest in preventing drunk driving outweighed the intrusion on motorists' Fourth Amendment rights.
- The California Supreme Court, in Ingersoll v. Palmer (1987), set forth a detailed framework for legally implementing DUI checkpoints.
- The CA Supreme Court, in People v. Banks (1993), ruled that failing to give advance notice does not make a DUI checkpoint unconstitutional.
- The Courts emphasize that DUI checkpoints serve a public safety function by deterring impaired driving and reducing alcohol-related accidents.
- DUI checkpoints are permissible if they adhere to specific guidelines, ensuring minimal inconvenience and fairness to drivers.
- The primary goal of DUI checkpoints is to deter DUI, not to trap citizens without probable cause, ensuring public safety.
- Critics believe checkpoints violate constitutional rights and create instances of illegal searches. They also claim they are ineffective, a waste of police resources and time, and could lead to a mistaken arrest.
- California Vehicle Code 23572 VC imposes increased penalties if you drive DUI with a child under the age of 14 in the vehicle.
What are the Rules for DUI Checkpoints?
Under California law, police must adhere to specific rules when setting up DUI checkpoints. These rules are designed to ensure that checkpoints are conducted fairly and with minimal inconvenience to drivers.
- DUI checkpoints must be in an area with a history of drunk driving incidents.
- Police must take adequate safety precautions, including making checkpoints clearly visible to approaching motorists with flashing lights, warning signs, and proper traffic layouts using cones and other tools.
- The duration of checkpoints should not unduly interfere with traffic flow.
- Supervising officers must exercise good judgment to keep delays minimal.
- Motorists cannot be stopped arbitrarily or based on profiling, such as the type of car and the driver's race.
- The selection of which vehicles to stop should be neutral, such as every third or fourth vehicle, ensuring fairness and adherence to your rights.
- Police can detain drivers only long enough to ask brief questions and observe for signs of impairment.
- Any extended detentions will require additional probable cause.
- The police should provide advance public notification of upcoming DUI checkpoints, typically through newspapers, news outlets, and police department websites.
What Should You Expect at a DUI Sobriety Checkpoint?
Suppose you drive up to a DUI checkpoint in California. In that case, understanding the standard procedure can ease concerns and help you navigate the situation much easier. You should expect the following:
- As you approach the DUI checkpoint, follow all instructions given by police officers, and be prepared to stop your vehicle.
- The police officer will briefly speak with you, often asking simple questions such as if you have been drinking any alcohol recently.
- Police are looking for visible signs of impairment, such as slurred speech, red, watery eyes, or the smell of alcohol.
- If police suspect impairment, you might be further detained and asked to perform field sobriety tests or submit to a breathalyzer test.
- Refusing DUI breath tests can have legal consequences, including driver's license suspension.
- While cooperating with police, you are not required to answer all questions beyond basic identification information.
- You can politely decline to provide additional information without an attorney present.
Can You Turn Around to Avoid a DUI Checkpoint?
If you can legally turn around or safely leave the road before the checkpoint, there is nothing that prohibits you from intentionally avoiding a DUI checkpoint. Police will not stop a vehicle that is making legal and safe maneuvers to avoid a checkpoint without other factors.
Notably, however, if you violate traffic laws, drive a vehicle with a defect such as a broken taillight, or drive in a manner that causes police to believe you are intoxicated, they can pull you over after you try to avoid a checkpoint.
Simply put, in California, turning around to avoid a DUI checkpoint is not technically illegal as long as the turn does not violate traffic rules or endanger anyone's safety.
However, police will view this as suspicious behavior and, if they observe any signs of impairment, have probable cause to conduct a stop or field sobriety test.
What are the Driver's License Issues?
If you are not carrying your driver's license, you can charged with Vehicle Code 12951 VC, failing to display a driver's license, which is an infraction with a fine.
Suppose you do not have a driver's license or it was suspended or revoked. In that case, you could be charged with the following:
- Vehicle Code 12500 VC driving without a valid license OR
- Vehicle Code 14601 VC driving on a suspended license.
Notably, police cannot automatically impound vehicles of unlicensed drivers.
The California Legislature passed Assembly Bill 353, codified as Vehicle Code 2814.2 VC, prohibiting the immediate impoundment of a car at a sobriety checkpoint if the driver's only offense is driving without a valid license.
Can You Challenge a DUI Checkpoint?
Keep in mind that a DUI checkpoint is only constitutional if it follows the ground rules established to protect people's rights. Suppose you are arrested and charged with DUI at a checkpoint that clearly did not follow all the rules.
In that case, an experienced California criminal defense attorney can use this as a valid defense to have the evidence suppressed or the charges dismissed due to the failure to follow due process and the stopping of you without probable cause. Contact our law firm for more information. Cron, Israels & Stark has offices in Los Angeles, CA.
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