Typically, DUI checkpoints are lawful in California. A police officer can stop and investigate you for driving under the influence of alcohol or drugs at a DUI checkpoint. Legally, these checkpoints are treated as other administrative inspection points, like airports, where legal screening is done to ensure safety. Thus, they do not violate the Fourth Amendment, which requires the police to have probable cause for stopping and investigating a person for drunk or drugged driving.
However, a DUI checkpoint must meet all the legal conditions to be considered legal. Otherwise, you can challenge your arrest after a DUI investigation at an illegal checkpoint. You can speak to a skilled attorney if you feel being stopped and investigated at a DUI checkpoint is unlawful. They will investigate the checkpoint and everything that happened to advise you on your legal options.
What to Expect at a DUI Checkpoint
The police set DUI checkpoints at strategic locations throughout California to investigate motorists for DUI and make arrests if need be. This is one of the measures the state has in place to prevent drunk driving and stop all the resulting consequences. When the police set a DUI checkpoint, they stop motorists at random for DUI investigation. They must have criteria by which they stop vehicles passing through the checkpoint. If you are suspected of drunk or drugged driving, the officers will administer tests to obtain evidence. They will arrest you if they are sure that you were driving while under the influence.
When setting up a DUI checkpoint, officers section a part of the main road to allow some vehicles to pass while stopping others for investigation. They allow vehicles to use one lane for ease of investigation. If you are stopped, you must pull over by the roadside. The officer could ask you to roll the window down and answer their questions. They could ask you to produce your license, registration, and other general questions to gauge how you answer them. During that time, the officer will check your behavior and coordination and listen to your speech to determine your sobriety.
If you show signs of intoxication, the officer will ask you to step down from the vehicle. They could give you a few tests to perform by the roadside to determine whether you are under the influence. If you pass the field sobriety tests, the officer can allow you to proceed where you were going. However, you will be arrested if officers suspect that you were intoxicated.
You should cooperate when stopped at a DUI checkpoint. This will make police investigations easy and quick. Besides, being uncooperative can heighten the officer’s suspicion that you are intoxicated. Failing to cooperate could also result in a DUI arrest. Even though you can fight the arrest later, it will waste your time and appear on your criminal record.
How Legal Arrests Happen at a DUI Checkpoint
When an officer stops you at a DUI checkpoint, it does not mean that you are driving while intoxicated. Remember that stops that happen at DUI checkpoints are usually random. Thus, you can proceed after a few questions or be retained for further investigations. The police will arrest you at a DUI checkpoint if they observe the following:
- If you are nervous when handing over your driver’s license and vehicle registration
- If they smell alcohol from your breath or vehicle
- If you have challenges answering the questions asked
- If they notice drugs, drug paraphernalia, or alcoholic drinks in your car
- If your speech is slurred, or your eyes are watery or reddish, or the officer notices other signs of intoxication or physical impairment
Any of these signs will be the officer’s probable cause for your arrest, which they must demonstrate during your trial. Once the officer places you under arrest, they will read your Miranda rights and take you to the station or booking. You could be required to take blood or breath to determine the amount of drugs or alcohol in your system. A blood test will also show the exact drugs in your system.
Although you can legally decline a breath or blood test before a DUI arrest, you cannot do so after an arrest. The implied consent law compels you to submit to DUI testing after an arrest. Failure to do so can result in grave consequences, including a heightened DUI sentence.
Before arresting you at a DUI checkpoint, the officer can ask you to perform a few field sobriety tests. Although you can legally decline to submit to these tests, they will not stop the officer from investigating or arresting you for DUI if there are clear indications that you are intoxicated. The officer could also request a mouth swab to determine if you have drugs in your system or a preliminary screening for alcohol. Remember that cooperating with the officers after being stopped at a DUI checkpoint could help your situation if, indeed, you are operating while intoxicated.
If the officer finds no incriminating evidence after all the tests, they will allow you to go without DUI charges. However, you could face charges under the following statutes if the police have a reason to think that you were operating a vehicle while intoxicated:
- Driving while intoxicated with alcohol under VC 23152(a)
- Driving with a blood-alcohol concentration level of .08% or higher under VC 23152(b)
- Driving while under drug’s influence, or DUID under VC 23152(f)
- Underage DUI
- DUI by commercial, taxi, ride-sharing or limo driver
Factors that Make a DUI Checkpoint Legal
The law has eight functional rules that determine the legality of a DUI checkpoint. Since there are usually no minimum requirements for a roadblock to meet the set criteria, courts must set a balance when judging related cases. For example, the judge must determine the public interest in preventing DUI-related accidents and incidents in the state and the kind of intrusion the police subjects motorists to when conducting DUI investigations at these checkpoints.
Remember that DUI checkpoints are typically lawful in California. However, how the police set the checkpoints or conduct investigations could make them illegal. Thus, the police must follow stringent procedures under the constitution when setting checkpoints. Here are the factors that a judge will consider when determining the legality of a particular DUI checkpoint:
A Supervising Officer is In Charge of All Operations
Before setting up a DUI checkpoint, police officers in a particular jurisdiction must appoint a supervising officer to take charge. The officer will be in charge of all decisions about that checkpoint. This officer should not be one of the field officers appointed to handle various tasks at the checkpoint. They should have particular roles, including deciding how, when, and where the checkpoint will be set. They could also appoint officers to work with at the checkpoint. Having a supervisor or someone in charge reduces the likelihood of field officers making capricious or arbitrary enforcement that could violate motorists’ constitutional rights.
A Neutral Criteria for Stopping Vehicles
Before setting up the DUI checkpoint, field officers, under the supervision of the checkpoint supervisor, must establish neutral criteria for stopping motorists for DUI investigation. The requirements must stay the same even when circumstances change at the DUI checkpoint. The supervisor must use neutral selection criteria to establish this. For example, they can agree to stop every fourth or two vehicles after five.
Officers must carefully avoid profiling drivers who appear a particular way, are of a specific age, or have a particular vehicle model, which could result in legal problems. If a motorist feels that they were profiled at a DUI checkpoint, they can sue the police department or cite that the checkpoint was illegal. This will create problems for all arrests the officers make at the checkpoint.
The Checkpoint’s Location Must Be Reasonable
The supervisor must carefully select where to establish a DUI checkpoint for effectiveness. Remember that the essence of a checkpoint is to discourage drunken or drugged driving. This is done by stopping and arresting drivers found operating vehicles while intoxicated. However, this must happen where officers will likely experience great success, like on a busy highway. The supervisor can select a location where most DUI arrests have occurred in the recent past. If more drivers are arrested in such a location, more people will be careful not to drive while intoxicated in the future.
DUI Checkpoints Must Be Safe
The supervisor must ensure the roadblock is safe for motorists and officers conducting DUI investigations. Thus, the roadblock should be in a secure location. The supervisor must also consider the traffic patterns of the chosen area and ensure that it is busy. The street layout must also make it easy for motorists to pull over without impeding traffic. There should be sufficient space by the road for motorists to pack and more space to perform field sobriety tests for suspected DUI offenders.
Additionally, the checkpoint’s location should be visible to oncoming drivers. It should not be around a corner or concealed in any way.
The Time and Duration for the Checkpoint Should Be Reasonable
Using reasonable judgment, the supervisor must set an ideal time and duration for DUI investigations. They can investigate to determine the timeframe within which most drivers are arrested for DUIs so they can plan their time correctly to ensure that the checkpoint meets the set objective. For example, setting a DUI checkpoint in the morning or early afternoon will likely not yield good results as opposed to setting it in the evening after working hours. Most people enjoy their drink after work. During a weekday, you will expect most of them to return home a few hours after nightfall. However, during the weekends, the checkpoint’s duration can extend to late hours.
A DUI Checkpoint Should be Clearly Labeled
Motorists should know they are approaching a police roadblock before an officer flags them down. This helps in reducing surprise and fear. There should be a warning sign to prepare motorists as they pass. If an officer flags them down, the sign should show them what to expect. There should be flashlights for the police, mainly because these checkpoints are set up at night. There should also be visible police cars around the checkpoint. Officers should be in their uniform. When an officer stops a motorist, the motorist should know that this is an officer on duty.
The Police Must Detain Motorists for A Short Period
A DUI checkpoint is not meant to delay motorists in any way. The police must be prepared to take the least time possible with motorists after stopping them for a DUI investigation. Officers should only prolong the investigation if they suspect a motorist of DUI. Otherwise, they should let drivers proceed immediately after answering a few questions if they do not appear impaired. A few minutes are enough for a trained law enforcement officer to determine if a driver is intoxicated. They should be able to check the physical signs of impairment as the driver answers questions and hands over their license and registration.
A DUI Checkpoint Should be Advertised Before The Setup
A prior advertisement of a DUI checkpoint is a legal requirement to ensure that the public knows what will happen at a particular location and time to avoid surprises. Although a surprise DUI checkpoint would be ideal to curb drunk and drugged driving, it is illegal. Officers must advertise a checkpoint at least a week before it is set up in local newspapers, websites, and news stations.
Find a Skilled DUI Attorney Near Me
An arrest at a legal DUI checkpoint can result in severe penalties if a court finds you guilty of driving while intoxicated. However, you can fight your charges if you believe your arrest or the checkpoint was illegal. An illegal arrest will occur if the police lack probable cause to arrest you. You should not face criminal charges after an arrest at an illegal checkpoint. A skilled DUI attorney will compel the court to dismiss your charges.
If you are doubtful about the legality of a Los Angeles DUI checkpoint where your arrest occurred, our attorneys at Jonathan Franklin DUI Attorney can help. We will investigate the checkpoint to determine whether it meets all the listed criteria of a legal checkpoint. We will also investigate the circumstances of your arrest, looking for evidence to support your defense. Call us at 323-464-6700 to learn more.
