The police meticulously plan the location of DUI checkpoints, selecting areas with high DUI driver traffic. They set up their equipment for breath and blood testing and assign personnel accordingly. This strategic planning, which we'll delve into, ensures the effectiveness of the checkpoint.

They set up a perimeter and have law enforcement officers hiding when people come up to the checkpoint and try to get out by making an illegal U-turn; the police wait to pull them over. Just because you drive into a checkpoint and you've had some alcohol does not mean that you are guilty of DUI. The police must identify that you're actually under the influence of alcohol.

If they pulled every person out of their vehicle, it would block traffic for miles. First, they may ask if you have had anything to drink. If you answer yes, you will be shuttled into an area where they will get you out of the car to conduct a field sobriety test.

If you tell them that you haven't been drinking, you will probably get through the checkpoint unless there are obvious signs that you have been.

Police strategically select checkpoint locations based on population density and proximity to establishments that serve alcohol. Major intersections near such venues are often chosen. Sometimes, a checkpoint isn't even necessary to catch multiple drivers. An accident on the freeway can attract a group of potentially intoxicated drivers.

Police are acutely aware of drivers' attempts to avoid checkpoints and strategically choose intersections with the highest traffic flow. Their vigilance is a key factor in the success of DUI checkpoints.

It will be necessary to set up perimeter officers to capture those trying to exit the checkpoint, as these individuals are often driving under the influence. California Vehicle Code 23152 defines the crime of DUI.

Do I Have To Stop At A DUI Checkpoint?

DUI checkpoints are legal, and you must cooperate as you go through them. You don't have to answer the police officer's questions in the way they want you to answer. I would never recommend that you admit to drinking and driving. It's crucial to understand your rights and responsibilities at these checkpoints.

Then, you're sure to be ordered out of the car and tested. If you refuse to answer questions, you also have a high probability of being tested.

It's crucial to cooperate with the police at a DUI checkpoint without admitting to drinking and driving. This approach empowers you to navigate the checkpoint while maintaining control over the information you disclose.

When it comes to DUI checkpoints in Los Angeles County, the police can come up to your vehicle to ask you if you've been drinking and driving, and other basic investigative questions. However, they cannot start ordering every person out of their car.

They're going to need probable cause to believe that the person was drinking and driving. If they ask you if you've had any alcohol that night and you say yes, you've given them probable cause.

If you tell them you haven't had anything to drink and don't smell like alcohol, they will have to develop probable cause some other way. They do need probable cause, but DUI checkpoints are permissible, and officers are allowed to ask investigative questions or conduct field sobriety tests, such as breathalyzer tests, to determine if someone is intoxicated.

A DUI checkpoint where every person is being ordered out of their car would be unreasonable. Anything they gathered from pulling you over and testing you would have to be thrown out because they didn't operate the checkpoint correctly.

How Does The Implied Consent Law Apply To DUI Checkpoints?

The implied consent law is clear: if you refuse to cooperate with a DUI investigation, you will face consequences. Refusing to take a blood or breath test can lead to an arrest for refusal. Understanding these consequences is crucial for all drivers, as it underscores the seriousness of the situation.

When you don't cooperate with a DUI checkpoint, you're making it easier for the police and the prosecutors to prove that you were driving under the influence. If you refuse to give your blood or breath, then it will be automatically assumed that you are driving under the influence, and you have to be able to rebut that presumption.

If you blow into the machine and you are a 0.08 (CALCRIM 2111), the police will probably let you go in a few hours. If you refuse to blow into the machine and don't know your blood alcohol level, they'll probably keep you for 24 hours to make sure that whatever alcohol or drugs were in your system are gone and you're safe to drive a vehicle.

Realistically, contacting a DUI attorney from the road will be very difficult and a red flag to the police that you're driving under the influence. They're going to immediately suspect that you're driving under the influence of alcohol, and they're probably going to order you out of the car.

The attorney will only tell you to cooperate with them and not make any statements that acknowledge that you've been drinking alcohol, smoking marijuana, or using any other drug that could affect your ability to operate a motor vehicle safely.

Mistakes That Law Enforcement Officers Make At DUI Checkpoints

Officers' most significant mistake at checkpoints is taking every person out of their vehicle. If that occurs, they'll face an illegal DUI checkpoint. It is not reasonable to pull every person out; they will have to have some facts and details to show that you're intoxicated.

Another area where police can get into trouble is when you're able to exit a DUI checkpoint lawfully before entering it and driving away. They can't pull you over for no reason, or there would be an argument that it's an illegal stop and, therefore, you should not be subject to a DUI test.

Usually, law enforcement has set up the checkpoint so that you can't leave legally. If you do leave, you make an illegal move.

As long as you can make a lawful turn, you can drive away from the checkpoint. If they pull you over, you would argue that it was an illegal pull-over, and everything that flows from that draw-over should not be able to be used against you, including blood or breath tests.

You have to have an attorney evaluate these issues. Your attorney will be looking at all the things that happened leading up to your arrest to make an informed decision about whether or not you have a good argument.