What Are Sobriety Checkpoints?

Our Proven Los Angeles DUI Attorneys Explain

Sobriety checkpoints, sometimes referred to as DUI roadblocks, are tools utilized by law enforcement in order to prevent drunk driving. These checkpoints are supposed to be used as a means of preventing drunk driving—rather than of making arrests for driving under the influence (DUI)—because of their potential to infringe upon Fourth Amendment rights. A sobriety checkpoint must adhere to certain regulations; thus it is important to consult a DUI attorney immediately if you have been arrested at a Los Angeles checkpoint or roadblock.

Are Sobriety Checkpoints Legal in California?

DUI or sobriety checkpoints are authorized under California Vehicle Code § checkpoint 21-215.5, which allows law enforcement agencies to conduct them to deter and detect impaired driving. The legality of sobriety checkpoints was upheld by the U.S. Supreme Court in Michigan Department of State Police v. Sitz (1990), which determined that the state's interest in preventing drunk driving outweighs the minor intrusion on individual liberties.

To ensure that sobriety checkpoints are legal and constitutional, law enforcement agencies in California must follow these guidelines:

• Pre-Planning: Checkpoints must be publicly announced in advance, including details about the location, time, and purpose. This information is often disseminated through media outlets.
• Location and Time: Checkpoints should be set up in locations with a history of DUI incidents. They must also be conducted at times that will likely affect drivers, usually during nighttime hours when DUI offenses are more common.
• Clear Guidelines for Officers: Law enforcement agencies must establish clear procedures for the operation of checkpoints, including how vehicles will be stopped and which vehicles will be chosen. Officers should follow a predetermined, non-arbitrary method, such as stopping every fifth vehicle.
• Safety Measures: Checkpoints must be clearly marked, and safety measures should be in place to protect drivers and officers. This includes proper signage indicating the presence of a checkpoint and ensuring that the checkpoint does not cause excessive traffic congestion or hazards.
• Detainment Duration: Officers should limit the time each driver is detained to a reasonable duration. The stop should only be long enough to check for signs of intoxication and to administer any necessary field sobriety tests.
• No Discrimination: Checkpoints must be conducted without discrimination based on race, ethnicity, or other factors. All drivers must be treated equally.

While sobriety checkpoints are legal in California, they must adhere to specific guidelines to ensure they respect individual rights and comply with constitutional requirements. Drivers stopped at these checkpoints have the right to remain silent and may refuse to answer questions beyond providing their license and registration.

What Can a DUI Defense Attorney Do for My Case?

• The DUI roadblock or sobriety checkpoint was not adhering to state and federal guidelines
• A breathalyzer test was improperly administered or the machine was not calibrated
• A blood test was not tested by a properly licensed individual
• Field sobriety tests were not administered properly or the results were inaccurate
• You were not read your Miranda rights during the arrest process
• You were not informed of the consequences of refusing blood alcohol testing

Our team is familiar with the laws governing sobriety checkpoints in California and can use this knowledge to your benefit. For example, our legal team may be able to prove that the checkpoint where you were stopped was not following proper guidelines; in such cases, we may be able to strengthen your defense to have charges reduced to a lesser crime or dismissed entirely.

Skilled Los Angeles DUI Lawyer Fighting for Your Legal Rights

If you or someone you know was arrested for DUI after being stopped at a sobriety checkpoint in Los Angeles, consult an attorney at Gold & Witham. We can review the circumstances of your case to determine what defense strategy will be most effective. It may be that the roadblock was set up improperly or that it was not intended to prevent drunk driving but rather to make DUI arrests.

California law is strict in regard to the procedures used by law enforcement in any arrest. Often, there are errors made—errors that can be used to defend you. With a thorough review of the evidence against you and the circumstances surrounding your drunk driving arrest, a quality defense attorney can determine what can be done in your case. Each case is unique, but a full investigation can lead to dropped charges or a reduction of the charge in many cases.

Take advantage of the skill, knowledge, and dedication of the DUI defense lawyers at Gold & Witham.

We have more than 40 years total experience; there are few circumstances we have not been defended over the years. When facing drunk driving charges, it is strongly urged that you get the assistance of an aggressive defense attorney to fight for your side. This can increase the possibility of a better outcome on your case and your ability to drive in the future.

Contact Gold & Witham today to request your free case consultation with our Los Angeles DUI defense lawyers. We provide 24/7 support to those who were stopped at a sobriety checkpoint in Los Angeles.