What Are DUI Sobriety Checkpoints?
Sobriety checkpoints are a DUI roadblock used by police to prevent drunk driving. They are supposed to be used to stop drunk drivers rather than make 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, if you find yourself in the unfortunate situation of being arrested at a checkpoint or roadblock, it is crucial that you seek immediate legal counsel from a DUI attorney at our law firm.
If you were stopped at a DUI checkpoint and were arrested for driving under the influence, we could help you through this tedious and sometimes overwhelming process.
Are Sobriety Checkpoints Legal?
One of the most common queries we receive is whether the sobriety checkpoint that led to an arrest was legal. The answer is straightforward-yes, they are legal, provided law enforcement complies with specific requirements.
Law enforcement must 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 that 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.
For instance, if a driver attempts to evade the checkpoint by making an illegal U-turn, it gives the police grounds to pull them over. This action is often interpreted as an attempt to avoid a DUI test, leading to further scrutiny.
So, one big thing that these sobriety checkpoints allow police to circumvent is the requirement that they have reasonable suspicion to stop somebody.
So, if they have you at a checkpoint and you try to either make a U-turn or go down a side street, they will 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 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 your arrest, how your driving was, and how you did on the field sobriety test.
So, if you're caught at 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 highly experienced with roadblocks and sobriety checkpoint procedures and laws. We will meticulously examine all the evidence against you to ensure your Fourth Amendment rights are protected, instilling confidence in our ability to handle your case.
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 for 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 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.