Sobriety Checkpoints

Understanding DUI Checkpoints in California: Legal Insights and Key Considerations

In California, DUI checkpoints, also known as sobriety checkpoints, are used by law enforcement to prevent accidents by deterring and detecting impaired driving and as an opportunity to inform the public about dangers of driving under the influence.. They are an exception to the requirement that a police officer have reasonable suspicion to investigate a driver for DUI, but only if they are conducted in a lawful manner

‍

Legality of DUI Checkpoints

DUI checkpoints are legal in California under both state and federal law. The California Supreme Court has ruled they are valid if they follow specific guidelines that protect individual rights while serving public safety. The U.S. Supreme Court also upholds DUI checkpoints, pointing out that the brief intrusion on a driver's privacy is outweighed by the state's interest in preventing drunk driving. 

‍

Requirements for Conducting DUI Checkpoints

To comply with California law (and the Fourth Amendment of the US Constitution, a DUI checkpoint must meet the following requirements. 

‍

1. A supervising officer

‍

2. Neutral method of selecting drivers who will be contacted

‍

3. Reasonable checkpoint location (related to previous DUI incidents in the area)

‍

4. Safety precautions (can this location be operated safely for the officers and potential drivers who are stopped).

‍

5. Reasonable time and length of roadblock

‍

5. Sign indicating a checkpoint is up ahead and an opportunity to avoid the checkpoint.

‍

6. Shortest possible time of detention

‍

7. Advertisement in advance of checkpoint location (this is generally the city only) 

‍

What are officers looking for at DUI checkpoints?

Officers are looking for impaired drivers. To do this they will use several different methods including, asking the driver questions, and observing the driver’s behavior and responsiveness. These signs include:

‍
• Contradictory answers to questions
• Smell of alcohol or illegal substances
• Slurred speech
• Open bottles of alcohol in the vehicle
• Bloodshot or red-rimmed eyes
• How did the driver drive into the checkpoint and follow directions from officers who were present?
• Inability to follow instructions (driver is asked to provide a driver license, and he provides his American Express card).
• Admission of drug or alcohol use

‍

Driver's Rights and Responsibilities

When approaching a DUI checkpoint in California, drivers have specific rights and responsibilities. It is important for drivers to understand that while they are required to stop, they are not obligated to answer questions beyond providing their license, registration, and proof of insurance. Officers are permitted to ask drivers about their alcohol consumption, but you have the right to refuse to answer these questions. We suggest you politely decline to answer. You can say something like, “I’d rather not discuss anything at this time.” If the officer continues to ask questions, you can ask if you can have your license back and if you are free to leave.

‍

Refusal to Participate and Consequences

While drivers are required to stop at a DUI checkpoint, they are not required to participate in field sobriety tests or answer questions beyond the basics. If a driver refuses to stop at a checkpoint, it may lead to a police pursuit and additional charges, including evading arrest. Such actions could be interpreted as suspicious behavior and may result in a more rigorous investigation.  At the checkpoint, if you politely refuse to participate in field sobriety tests, then the officer may try to arrest you on driving under the influences charges, but the officer will have to demonstrate probable cause to justify the arrest, and if you refused to provide the officer that evidence by not participating in roadside gymnastics, this lack of evidence may result in your being released, or of charges never being filed against you. 

‍

Legal Defenses and Challenges

In addition to the defenses available in other DUI arrests, a checkpoint case can be attacked for failure to meet constitutional requirements, and those additional requirements found necessary by the Courts. If the checkpoint was not lawful, then evidence gathered there can be excluded, possibly resulting in a dismissal.