What Are DUI Sobriety Checkpoints?
Sobriety checkpoints are a DUI roadblock used by police to prevent drunk driving.
They are supposed to be used as a tool to stop drunk drivers rather than making arrests for driving under the influence (DUI). Due to their potential to infringe upon Fourth Amendment rights, all sobriety checkpoints must adhere to specific regulations.
Therefore, it's essential to consult a DUI attorney at our law firm immediately if you have been arrested at a checkpoint or roadblock.
If you were stopped at a DUI checkpoint and were arrested for driving under the influence, we are available to help you through this tedious and sometimes overwhelming process.
Are Sobriety Checkpoints Legal?
One of the biggest questions people have when they come into my office is, was that sobriety checkpoint that caught me legal? In other words, can they even have that there? And the answer is yes.
Law enforcement has to abide by specific requirements to set up a sobriety checkpoint. Interestingly enough, one of those things is on any given Friday or Saturday night; you can Google where all of the sobriety checkpoints are they have to tell you.
So, you'll be able to see it out there on the road, and if you're going to drink and drive, you can avoid that area.
The bottom line is, they are legal as long as the police comply with specific requirements; they're entitled to put those sobriety checkpoints out there.
Suppose you get arrested based on one of those checkpoints. In that case, you're going to want to get to a DUI attorney as quickly as possible to start doing everything you need to protect your rights, freedom, driving record, reputation, and interests related to your DUI matter.
Police Seeking People Who Attempt to Avoid Checkpoint
One big thing that these DUI sobriety checkpoints allow law enforcement to do is to stop people for no reason.
That's the one big they usually cannot do out on the road, but if they set up the checkpoint the right way, they're allowed to stop people.
Another big thing I see is that half the people stop trying to get away from the sobriety checkpoint.
In other words, they come up, the person's been drinking and driving, so what they do is either try to make a U-turn, typically illegally, and then that gives grounds for the police to pull them over. You can bet they're going to be checking them because they figure the reason the person is trying to get around the sobriety checkpoint is that they're drinking and driving.
So, that's one big thing that these sobriety checkpoints allow police to get around, which is the requirement that they've got to have reasonable suspicion to stop somebody.
So, if they have you in a checkpoint and you try to either make a U-turn or you try to go down a side street, they're going to have motorcycle vehicles camped out there waiting.
Those are the people they're targeting, and that's 50% of the DUI. Then they bring you back to the trailer where they have the DUI test, and they're going to do field sobriety tests on you.
They're ultimately either going to take your blood or do a breath test. If you're a .08 or greater, they're going to arrest you, ship you back to the station, hold you for several hours, and when they let you go, they'll issue you a citation, and then you'll have to appear in court with your attorney.
One of the most significant factors in DUI law regarding field sobriety checkpoints or otherwise is how high your blood alcohol level was at the time of your arrest, how your driving was, how you did on the field sobriety test.
So, if you're caught in a DUI checkpoint, one of these sobriety tests on the road, come into the office.
Let's sit down and talk about exactly why you were arrested and what we can do to get you the best possible result related to your DUI matter.
Contact Us For Help
Our DUI attorneys are experienced with roadblocks and sobriety checkpoint procedures and laws.
We will look at all the evidence against you to see if your fourth amendment rights may have been violated.
To set up a valid sobriety checkpoint, law enforcement must meet the following factors: the public must have notice of the checkpoints; there must be a turnout, so people have the option to turn around; there must be a random formula to stopping the cars; the length of detention must be reasonable; the location, time, and day must be good.
The burden is on the prosecution to prove these factors to uphold the checkpoint arrest. As your lawyer, we will do everything we can to contest any evidence against you and look for any ambiguities, inaccuracies, or illegalities associated with the sobriety checkpoint and the DUI arrest.
We will help you. We have unmatched credentials and are well known and respected throughout Los Angeles County.
Set up a free face-to-face consultation, and we will discuss your charges and your options further in detail.