DUI checkpoints, also called sobriety checkpoints, are those areas where police set up roadblocks and traffic stops that aren’t tied to specific crimes, but are randomly chosen to serve as a deterrent against drunk driving. Many drivers over the years have questioned whether or not DUI checkpoints are legal or constitutional, citing probable cause and other legal concepts with which many are not actually familiar.

The truth is, in California, the law allows for these traffic stops, but they are bound by certain regulations. Learn about California DUI checkpoint laws, what to do at a checkpoint, and how a Sacramento DUI lawyer can help you if you are arrested.

Checkpoint Laws

California code allows for sobriety checkpoints. This was upheld in Ingersoll v. Palmer, 743 P.2d 1299 (Cal. 1987) as valid under the state and federal constitution. However, the Supreme Court set certain standards that have to be met to abide by the law and ensure that motorists’ rights are protected at these roadblock checkpoints.

In order to remain compliant with rights, the police must ensure that:

• The criteria used to determine which motorists are stopped must be able to be demonstrated as neutral and unbiased
• All operational decisions regarding the checkpoint have to be made by supervising officers
• Police must ensure that proper safety precautions are in effect at all times
• The time and duration of the checkpoint must reflect good judgment
• The location must be reasonable
• Indications of the official nature of the checkpoint must be clear
• Detaining of drivers should be minimal
• Advance public advertisement of the roadblock is required

You will note that several of these requirements are somewhat subjective in nature, which can be key should you require defense against DUI charges from being stopped at such a checkpoint.

Checkpoints and Probable Cause

Most people have heard of the concept of probable cause, but many don’t understand exactly how it works. It’s true that the Constitution requires a police officer conducting a traffic stop have solid reason to do so. However, rulings such as the one cited above have been upheld by the Supreme Court, which states that the dangers of drunk driving require a modicum of allowance, and that sobriety checkpoints are a minimal intrusion.

As such, the courts have granted an exception to Constitutional search and seizure where sobriety checkpoints are concerned. Because of this, however, the NHTSA (National Highway Traffic Safety Administration) has released police guidelines for the administration of these traffic stops. What this means is that regardless of probable cause, so long as the above guidelines are followed, sobriety checkpoints are allowed in California. In fact, the CDC has released studies that indicate sobriety checkpoints could prevent up to 10 percent of all DUI-related deaths. While that doesn’t seem like a lot, by the numbers it translates to a lot of lives saved.

What Happens at a Sobriety Checkpoint?

A DUI checkpoint stop should be very brief and relatively painless, overall. You will pull up to the checkpoint and stop, where a police officer will briefly interview you to determine whether or not you are fit to be behind the wheel of the car. Answer any questions put to you politely and directly. Don’t try to joke around or be sarcastic.

If the officer feels that there is a possibility you may be intoxicated, they may ask you to pull over and take a sobriety check. You have the right to refuse such a check, but if you do, your license may be suspended and the police officer can arrest you and request a chemical blood alcohol test. The law of implied consent states that just by getting behind the wheel of the car you have already consented to such a test if you are arrested.

If You Are Arrested

If you’re arrested for DUI it’s vital that you act fast. DUI convictions can carry a ton of penalties from loss of your driver’s license to jail time and thousands of dollars in fines. When you are arrested you have only a limited amount of time to act, and it’s important to remember that you are entitled to legal representation.

You have the right to have someone in your corner who will fight to protect your rights and ensure you get the best possible representation in your case. If you are facing license suspension, you’ve got 10 days to file for a hearing to avoid serious penalties.

Contact an Attorney

If you have been arrested for DUI in the Sacramento area, don’t wait. Call me today at 916-444-1400 or use my email contact form.  I have over 25 years of experience in California DUI law.  I can protect you every step of the way.

One of the resources on our website is a list of the Top 10 DUI Defenses. Far too often, when people get arrested for driving under the influence (DUI), they assume that either: (i) they must be guilty, or (ii) even if they are innocent, there is nothing they can do to avoid being found guilty at trial. If you have been arrested for DUI in California, it is critical that you not make these dangerous assumptions. As our list demonstrates, you may have several defenses available, and with the help of an experienced defense attorney you may be able to avoid having a DUI on your criminal record.

This article provides more information on the top 10 defenses to a California DUI. To find out which defenses you may be able to use in your case, contact us for a free consultation today.

What Are Some of the Best Defenses to a California DUI?

Whether this is your first DUI or you are being charged as a repeat offender, here are 10 potential defenses to your California DUI:

1. You Were Simply Driving Poorly. Whether you had a momentary lapse in concentration or you over-corrected in response to a hazard on the road, the list of issues that can lead a driver to swerve suddenly or drift out of his or her lane besides drunkenness is virtually endless.
2. Your “Objective Symptoms” Were Not Objective. The prosecutor may try to prove that you were driving under the influence by pointing to “objective symptoms,” such as red eyes, slurred speech, or lack of balance. But, there are many, many issues besides being drunk that can cause these symptoms as well.
3. Your Field Sobriety Test (FST) Results Are Unreliable. There are only a few FSTs that have been scientifically proven to work, and even these are not 100% reliable. In addition, the police officer who arrests you must know how to administer the approved FSTs properly. Use of unreliable tests or faulty FST administration can both be strong defenses to a DUI.
4. Your Blood or Breath Test Results Are Unreliable. There are a number of issues that can cause blood and breath test results to be unreliable. These include issues like uncalibrated testing equipment, improper test administration, and tainting of samples.
5. Your Blood Alcohol Concentration (BAC) Was Rising. If you were drinking shortly before your arrest, it is entirely possible that your BAC only rose above the legal limit after the police pulled you over.
6. Your “Mouth Alcohol” Caused a Falsely-Inflated BAC Reading. Likewise, a recent drink can leave alcohol residue in your mouth (commonly referred to as “mouth alcohol”), and this too can lead to a falsely-inflated BAC.
7. You Have a Medical Condition that Caused a Falsely-Inflated BAC Reading. If you have certain medical conditions, such as gastroesophageal reflux disease (GERD), acid reflux or heartburn, these can all explain a high BAC. Many prescription medications can falsely inflate BAC readings as well.
8. You Were Unlawfully Stopped or Arrested. The police cannot just pull anyone over for any reason. If your arrest was unlawful, you may be able to defeat your DUI even if you driving above the legal limit.
9. The Police Failed to Follow Proper Procedures. Procedural issues during or after your DUI arrest can present defenses as well. For example, if the police failed to maintain an appropriate “chain of custody” with your blood sample, you may be able to have this key evidence thrown out at trial.
10. The Police Violated Your Constitutional Rights. Finally, the U.S. Constitution provides all Americans with important protections. If the police violated your Constitutional rights – for example, by arresting you without probable cause or by interrogating you without reading your Miranda rights – you may be entitled to have your DUI charges dismissed.

Arrested for DUI in California? Schedule a Free Defense Consultation Now

Of course, each case is unique, and determining the defenses that you have available requires a thorough case evaluation from an experienced attorney. For more information about protecting your rights after a DUI arrest in California, call (888) 704-3696 or contact attorney Lance Daniel online to schedule a free consultation today.