Are DUI Sobriety Checkpoints In Los Angeles Valid?
Many people will ask me, is it fair that the police are pulling me over at one of these DUI checkpoints? Don't they have to have a legal reason to pull me over? The answer to that question is. Unfortunately, they are allowed to set up checkpoints throughout Los Angeles County, and they can certainly use those checkpoints to stop people from drinking alcohol and driving on the streets. However, it's important to remember that these checkpoints are part of a fair and legal system.
There are specific rules that they have to abide by, but your attorney would have to check those out post-arrest for a DUI. Your attorney plays a crucial role in ensuring that the correct procedures are followed, which should provide you with a sense of empowerment. Usually, they do it the right way, obviously, because they don't want all of their DUI arrests thrown out.
When they pull you over, they have several areas available where they can take your blood and your breath and do that as part of the checkpoint. They have a whole system set up in these DUI checkpoints to catch people for drinking and driving.
I've seen people attempt to get out of a checkpoint. In other words, once they know that they've been caught at a DUI checkpoint and they're coming up on a row of police officers ready to arrest them, that's when they will try to get and either make a U-turn or cut down a side street. The checkpoint people usually have things set up so that they're unable to do that.
They have motorcycle police on the perimeters of all of these checkpoints, pulling people over who are trying to get out of the checkpoints, realizing those are probably the people who are drinking and driving. Then they bring them right into the DUI checkpoint, and they check them.
DUI Field Sobriety Tests, Blood and Breath Tests
They set these checkpoints up in areas where they believe that many people come through and they're going to catch a lot of people drinking and driving. They set it up so they can do everything right there. They can take your blood. They can take your breath.
They can test you with the field sobriety tests, make you walk the line, check your eyes, and do several other things.
They also ask you what I would characterize as a bunch of pre-booking questions — asking you where you came from and how much you had to drink — all of these questions designed to gather evidence against you. It's important to remember that you have the right to remain silent and not answer these questions, as anything you say can be used against you.
This is when you have to get to a DUI lawyer. When I start talking to people, I ask many of these same questions. After all, I know what the authorities are trying to prove when they arrest people at the checkpoint for a DUI. So, I'm asking the same questions to see what information I can get. A DUI lawyer can help you navigate the legal process, protect your rights, and potentially reduce the severity of your charges.
So, when you call me, be honest with me. Even if you don't hire me, I still can't share your information. It's all protected by the attorney/client privilege. Honesty is crucial in our professional relationship, as it allows me to provide you with the best possible legal advice and representation.
Many people are asking, Mr. Hedding, "I want to know what's going to happen to me." Part of my effort to figure that out and give you a little peace of mind is asking questions and getting information, just like the police, so I can have an idea of what level of DUI you are.
Not all DUIs are treated equally. People who blow close to a .08 will be treated much differently than somebody who blows a .20 or more, for example. I look at these DUIs kind of like a swinging pendulum — where some people are going to be treated very harshly, where other people are going to be treated in a very fair manner, and they'll be able to get out of the justice system as quick as possible.
I consider that part of my job when I do these DUIs and people are caught in checkpoints—to turn the tide in their favor so they can be as at ease as possible, get out of this court situation, and move on with their lives.