DUI Checkpoints in California: What You Need to Know
DUI checkpoints normally begin late in the evening or early in the morning when many people are coming home from work, a night at a bar or a party. Typically , the police hold these checkpoints for a period of about four hours and plan them in places where DUI crimes usually occur.
The main purpose of DUI checkpoints is to identify drunk drivers and make the roads safer for everyone. Police officers have a very specific procedure they must follow when conducting a DUI checkpoint. The procedure must be set up in advance of the DUI checkpoint, and it must be published publicly. An illegal stop can lead to a dismissal of a DUI case or criminal charges on your record being reduced or dismissed.
Rights at a DUI Checkpoint
In California, law enforcement officers have to follow certain rules when they conduct DUI checkpoints (also known as sobriety checkpoints). If officers do not follow the rules, any evidence they obtain may be inadmissible in court.
- The checkpoint must be set up in an area of high DUI traffic and a reasonable amount of advance public notice of the checkpoint must be given.
- The stop should be short to minimize the amount of time drivers spend at the checkpoint. (A right to consent for search and seizure may be required for longer stops).
- Officers must set up signage and/or lights designed to bring the entire roadblock to the attention of the approaching public.
- Officers must periodically move the sobriety checkpoint in order to discourage general deterrence – i.e., preventing all automobiles passing the area from being stopped.
- The officers must use a "neutral formula" to decide which cars to stop. This means that it would be impermissible for them to pull over every car or every 3rd car.
- People who merely pull over to the side of the road because they are stopped by traffic cannot be convicted of DUI just because they were pulled over.
Checkpoint Procedures for California Police
For a DUI checkpoint to be considered legal, the following conditions must be met:
- Advance Notice: It must be publically advertised in advance, typically through a Sign-Board, that there will be a DUI checkpoint.
- Nearest Location: Checkpoint signs must be placed at least 1,000 feet from the actual location of the DUI checkpoint so as to give advance notice to drivers. This sign must state, "DUI Checkpoint Ahead: Prepare to Stop."
- Proper Location: The checkpoint must be as close to the road as possible so that officers can see into cars. Of course, that doesn’t always happen, as "at least one" motorist per checkpoint is selected for secondary questioning alone.
- Safe Roadside Location: The road must be well lit, if possible, to protect the safety of the officers and the general public.
- Primary Goals: When stopping drivers, officers must strictly comply with the primary goals of DUI detection, rather than other law enforcement objectives, such as immigration status.
- Avoiding Racial Profiling: Discriminatory or racial profiling methods cannot be used at DUI checkpoints. An officer, for example, cannot decide whether to stop a car based on the race of its driver.
- Personnel Trained for DUI Enforcement: Officers assigned to DUI checkpoints must have training specific to DUI detection in order to ensure that they are able to recognize and react properly to suspected DUI situations.
- Duration: Minimal delay and wait times for motorists is required, meaning that the checkpoint or roadblock should not cause logjams or gridlock situations.
How to Conduct Yourself at a DUI Checkpoint
Most important – don’t panic. You should stop your car like the rest of the crowd and roll down the window to help the officer verify who you are and whether you have been drinking. We always recommend that our clients keep in mind a few helpful tips. First, be courteous and polite to the officer. Do not be sarcastic, rude or argumentative. The officer is there to do his job and is the one who gets to make the call as to whether you have been drinking heavily or if you are totally sober. Be polite and be respectful. That will help any case against the driver and may avoid an arrest if the driver was near legal limit . Second, have your documentation ready – license, registration, any proof of insurance – and try to do this as you are pulling up to the officer. You will go through a series of questions and what happens if you don’t have documentation? The officer could make an arrest for not having your license. It’s also a good idea not to use a hands or other type of distraction device while talking to the officer. Always remove your cell phone from your ear so the officer does not believe you were using it to text or make a call. Turn off the music in your car. It will help the officer hear you and prevent the officer from believing you are using the audio system to drown out your drunken behavior.
Contesting a DUI Stop at Trial
Attending an arraignment (where your charges are stated), proceeding to an omnibus hearing (where the introduction of your evidence is discussed), then to a jury trial is the legal process you may follow to challenge your DUI checkpoint arrest. You will need to follow this process even if you were stopped unfairly and charged with drunk driving or under the influence of drugs, because officers will generally do what they must to uphold their reasons for the stop.
In some cases, an attorney will file a pre-trial motion (as early as possible after the arraignment) to have evidence against you thrown out because the officer who arrested you did not have probable cause to demand that you pass a field sobriety test, or to enter into a chemical test. If your case goes to the omnibus hearing, your lawyer may be able to discredit important evidence from the arresting officer or witnesses against you, or expose gaps in the prosecutor’s case against you.
Should the case go to trial, your attorney will work hard to provide a defense that weakens the prosecution’s case or clear you altogether. Good DUI attorneys anticipate certain lines of questioning and use their knowledge of the law and courtroom procedures to prevent impropriety. Having sound legal representation is essential to receiving due process during your hearing.
Developments and Controversies
In late 2019, the California Supreme Court ruled in People v. Banks that DUI checkpoints without a designated supervisor constituted a violation of Fourth Amendment rights. The Court found that with no supervisor on site, civilians rather than law enforcement officers were making decisions typically reserved for law enforcement. Since then, some local agencies have opted to disband DUI checkpoints in favor of roving patrols, which provides less predictability regarding the likelihood of encountering police during certain hours.
Beyond the recent rulings , DUI checkpoints have been controversial since they were introduced in the early 1990s, with opponents citing rights violations, difficulty spotting contraband, and potential police over-reach as top concerns. Some studies, such as one published by the National Highway Traffic Safety Administration, found that roadside sobriety checks led to increased DUI arrests without issue. On the other hand, the American Beverage Institute has claimed DUI checkpoints infringe on personal freedoms, and the NHTSA acknowledged DUI checkpoints have proved difficult to enforce consistently.