DUI checkpoints are a way for law enforcement to make DUI arrests and deter drunk driving without having to do targeted traffic stops. You may have seen one of these checkpoints before or even been through one, and may be asking, “What happens at a DUI checkpoint in California?”
It’s important to understand what to expect at a checkpoint so you don’t accidentally jeopardize yourself by not exercising your rights. At the Law Office of Jonathan Steele, we help clients understand the nuances of DUI checkpoints and respond to DUI charges.
How Checkpoints Operate?
Typically, DUI checkpoints are set up in areas with high traffic, frequent DUI arrests, or similar concerns. Some of these locations in California could be:
- Pacific Beach, San Diego
- Mission District, San Francisco
- Van Nuys Boulevard, Los Angeles
At a checkpoint, law enforcement will place temporary barricades to funnel traffic into just a few lanes. They may stop every car that passes, or stop every 3rd, 4th, or 5th car, for example.
When an officer stops a car, they will ask for the driver’s license and registration. They will also be looking for signs of intoxication, such as:
- Slurred speech
- The smell of alcohol
- Erratic movements
- Confusion
- Alcohol or illicit substances visible in the vehicle
If the officer believes the driver is likely intoxicated, they may ask the driver to pull over or may even arrest them.
Your Rights at a DUI Checkpoint
Interactions with law enforcement may be intimidating, and it’s important to understand that you don’t have to comply with every request they make. If you are not under arrest, you must provide your license and registration, but you are not required to answer any questions or submit to any tests.
If you are arrested on suspicion of a DUI, you may have to comply with additional requests. You must:
- Submit to breath, blood, or urine tests
- Comply with the arrest
- Give basic identifying information to officers
However, even if under arrest, you are not required to:
- Answer additional questions without a lawyer present
- Perform a field sobriety test
Unlawful Searches at a Checkpoint
Even at a DUI checkpoint, a police officer cannot search your vehicle without a warrant or probable cause. If you give verbal consent for them to search your vehicle, though, it is within their rights to search the car.
Avoid giving consent to a search if an officer casually requests it without placing you under arrest. When an officer performs a vehicle search without the legal right to do so, that evidence may not be admissible in court. Questioning the validity of evidence is a common defense strategy in DUI cases.
Field Sobriety Tests
Field Sobriety Tests (FSTs) are a common tool used by law enforcement to assess the impairment status of drivers. Often, officers attempt to use any tool available to them. They want to combat the high DUI death rate, which in Central California is around 5.54 for every 100,000 residents, about two times the state average. Nationally, roughly 32 people die in drunk driving crashes daily.
However, FSTs are controversial. These tests are not impartial and can be complicated by poor weather or visibility, officer bias, and other factors. Common FSTs are:
- Walking in a straight line
- Touching the tip of your nose and then another point
- Holding your arms out and standing straight
Whichever test they wish to use, you never have to consent to a field sobriety test. These tests are always optional, and officers cannot force you to perform them. This differs from chemical tests, which are covered under California’s implied consent laws if you are arrested.
If you suspect you were illegally coerced to perform a test or otherwise mistreated at a DUI checkpoint, you can hire a DUI lawyer. They can help you understand your rights, build a defense, and challenge any law enforcement actions that may have infringed upon your rights.
FAQs
Are You Legally Allowed to Turn Away From a DUI Checkpoint in California?
Yes, you are legally allowed to turn away from or bypass a DUI checkpoint in California, so long as you follow all regular driving laws. Driving erratically or unsafely might result in getting pulled over for a traffic stop. Legally and safely turning away from a DUI checkpoint cannot be held against you.
Do You Have to Speak at a DUI Checkpoint?
At a DUI checkpoint, you have to comply with an officer’s request for your license and registration. If they ask you questions about your activity or possible drinking, you do not have to answer and can say you don’t want to answer questions without an attorney. You have this same right if you are arrested at the checkpoint.
Do First-Time DUI Offenders Go to Jail in California?
Under California law, first-time DUI offenders can go to jail, but it is not the most common outcome. Often, first-time offenses are sentenced with fines, mandatory education courses, or probation. More severe cases may still result in jail time, especially if you were charged with other crimes for the same incident.
Are DUI Checkpoints Legal in California?
Yes, DUI checkpoints are legal in California. Law enforcement must follow specific regulations when conducting these checkpoints, and if they fail to do so, the legality of the stop may be questioned in court. One major consideration is that stops made at a checkpoint must be neutral and unbiased, not targeted at specific drivers.
Hire a DUI Lawyer Today
If you were stopped at a DUI checkpoint, even without being charged, it can be valuable to speak to a lawyer. The team at the Law Office of Jonathan Steele can help you understand your rights and prepare for any possible charges you might face.
Annually, California’s DUI conviction rate is around 70%. DUIs are serious charges, and failing to respond promptly could hurt your future. We understand how serious this situation is, and we prioritize remaining responsive so you don’t have to be anxious while waiting days for a response. Our team also has deep roots in Sonoma County, having lived here for five generations.
For any DUI case you might be facing, turn to a team with decades of experience that you can trust. Contact us today to learn more about how we can help you.
