What Are Your Rights At A DUI Checkpoint?

According to California’s Vehicle Code, you should stop and submit to a sobriety checkpoint inspection carried out by traffic officers. DUI checkpoints are special road stops where law enforcement officers check drivers for impairment or intoxication signs. If the police establish that you are intoxicated, they can arrest you and charge you with DUI. Despite the legality of DUI  checkpoints, drivers have rights that law enforcement officers must honor. To understand your rights at a DUI checkpoint, you should seek the services of a skilled DUI attorney. An attorney can help you understand your rights at a DUI checkpoint to ensure that the police do not violate your rights.

Understanding The Purpose Of DUI Checkpoints

Also known as sobriety checkpoints, DUI checkpoints are a part of police efforts to stop drunk driving and enhance the safety of all road users. Traffic officers often put up checkpoints at specific places on the road and at particular times, like holidays and weekends. These are the times when most people take alcohol.

The primary purpose of the DUI checkpoints is to identify and arrest motorists who drive vehicles under the influence of drugs or alcohol. However, the checkpoints should be used within the confines of the law to avoid violation of the constitutional rights of motorists.

Your Rights At A DUI Checkpoint

You should know your rights at a DUI checkpoint to guard yourself from possible rights violations. Some of the rights include:

1. The Right To Remain Silent

The Fifth Amendment to the United States Constitution protects motorists against self-incrimination when traffic officers stop them at DUI checkpoints. You should provide identification and car registration documents at a DUI checkpoint. Still, you are not required to answer any extra questions. Politely refuse to answer questions regarding where you have been and the quantity of alcohol you consumed. Keeping quiet can be crucial when fighting your charges in court. Remaining silent will help you avoid revealing evidence unknowingly, which can hurt your case. Anything you tell the police can often be used against you in court.

Politely and clearly explain your decision to remain silent while remaining cooperative. This is vital when claiming your rights concerning the police procedure. You can politely request to talk to your DUI defense attorney if necessary.

2. The Right To Avoid A California DUI Checkpoint

You can lawfully use another route to avoid a DUI checkpoint, provided you do not commit any crime. This can happen if you notice a DUI checkpoint ahead. In this case, you can take a detour onto a side street or turn around and take another road. However, law enforcement officers often place these checkpoints in places you cannot bypass.

Under the California Vehicle Code, avoiding a DUI checkpoint does not attract an arrest. However, you risk an arrest or penalties if you violate traffic laws, including bypassing a DUI checkpoint. Some of the acts that can attract charges include:

• Driving into oncoming traffic
• Making an illegal U-turn
• Operating a vehicle on the sidewalk

You can avoid a checkpoint only under the following circumstances:

• There is a lawful and safe location to turn onto a side road
• You turn around in a parking lot, or
• Perform another similar maneuver

3. A Right To Refuse A DUI Testing

You will be ordered to undergo field sobriety tests or chemical tests if the traffic officers suspect that you are under the influence of drugs or alcohol. According to the Vehicle Code in California, you are required to undergo these tests if:

• You are below 21 years
• You are arrested lawfully
• You are on probation for a DUI crime

You have the right to refuse field sobriety tests and preliminary alcohol screening (PAS) tests in certain situations. However, you risk an arrest if you fail to undergo these tests. You should undergo any chemical blood alcohol concentration (BAC) tests and other evaluations after your arrest. You can face severe repercussions if you fail to undergo a lawfully mandated DUI test. In this case, the Department of Motor Vehicles can suspend your driver’s license for a period that does not exceed one year for refusing a legal DUI evaluation. Additionally, you may face a DUI conviction along with penalties such as license suspension, mandatory education, or jail time.

4. The Right To A Well-Run Sobriety Checkpoint

The traffic officers are required to comply with strict legal rules when running DUI checkpoints. You have the right to demand that these checkpoints meet the required standards. In this case, the officers must:

• Stop you for a minimal amount of time
• Provide prior notice to the motorists regarding the checkpoint
• Take appropriate safety precautions
• Be located in a reasonable area
• Show that it is an official operation
• Pull over drivers using neutral criteria
• Show sound judgment about duration and timing
• Have a supervising officer to make operational decisions

The law requires the police to provide prior notice of checkpoint locations and times. Follow the news reports before major holidays or summer weekends to know where DUI checkpoints will be placed. This will help you know the roads to avoid or bypass the checkpoints.

Consult your DUI defense attorney if you believe something was wrong with the checkpoint where you were arrested. An attorney can help you develop the best defense against your charges. Your charges can be dismissed in court for any arrest at a DUI checkpoint that does not meet legal standards. This criterion was established in California to ensure that sobriety checkpoints are fair and administered correctly. If necessary, document any problems during your pull over, testing, and arrest.

Constitutional Rights After Your Arrest At A DUI Checkpoint

You still have rights following an arrest at a DUI checkpoint in California. The police should treat you humanely during your arrest. They should also read you your Miranda rights before questioning you. The police can be guilty of violating your rights if they mistreat or abuse you during your arrest. You are also entitled to speak to your legal team if you have been accused of a DUI. It is often vital to consult a DUI defense attorney if you are facing DUI charges. You should do this as soon as your situation allows. This can be done after being released from the initial arrest, during the process, and you can request a close relative to call the attorney on your behalf after your arrest. Securing the services of an attorney promptly will help you navigate the justice system better.

Non-DUI Violations

The purpose of the DUI checkpoints is to detect drunk motorists. Law enforcement is not allowed to use them to investigate unrelated issues. You have a right to refuse if the police try to search your car without a warrant or probable cause. DUI checkpoints are meant to ensure all people on the road are safe. Knowing your rights will help you avoid violating the laws. It is good to know when you can exercise your rights, even if it is essential to cooperate with the police.

What You Should Expect When You Are Stopped At The Checkpoint

The police can order you to provide your driver’s license and registration once you stop at the checkpoint. The officers can initiate a conversation with you to determine if you have been operating the vehicle under the influence of drugs or alcohol. Some of the common signs the police will look for include:

• Visible narcotics or alcohol
• Confusion when looking for and handing over the license and registration to the police
• Slowed motions or slurred speech
• Difficulty in answering questions
• Presence of alcohol smell

You can be ordered to undergo a DUI mouth swab test to check for impairment with drugs, a field sobriety test, or a breathalyzer test. This will happen if the police suspect that you were driving under the influence of drugs or alcohol.

Whether DUI Checkpoints Are Lawful In California

DUI checkpoints are lawful under state and federal laws, provided the police comply with specific rules. The police must put the checkpoints at times and locations with a record of drunk driving cases. Sobriety checkpoints permit the police to check whether motorists operate vehicles while impaired. Additionally, the police should erect the checkpoints to reduce inconvenience to drivers. Their purpose should be to enhance public safety.

The Importance Of Being Courteous And Cooperative During A DUI Checkpoint

It is good to be respectful and cooperative as you declare your constitutional rights when you reach a DUI checkpoint. Observing respect and a friendly demeanor during the process can be helpful. How you conduct yourself and talk significantly affects the interaction dynamics, even if you have the right to remain silent and refuse specific tests.

Courteousness and cooperation are vital to sustaining a non-contentious environment. The police will fulfill their duties to ensure public safety, including preventing drunk driving accidents. There will be mutual understanding if you approach these interactions with a precise knowledge of roles and show respect through actions and speech. Law enforcement officers are public servants tasked with ensuring public safety, including at DUI checkpoints.

You can make your case worse if you act aggressively or look uncooperative. If you act in this manner, the police can carry out a more extensive investigation than they initially intended. The police will monitor you closely if you appear hostile and uncooperative. The enhanced scrutiny can lead to implementing extra legal actions or tests for you.

You need to show compliance with basic legal conditions by providing the necessary documents immediately. You are legally required to show your driver’s license. Officers may also ask for proof of registration and insurance.

Showing cooperation is good and can make your experience at the checkpoint more efficient and faster. Do so respectfully when asserting your right, like keeping quiet or refusing to undergo the tests. Exercising your rights can offer you legal protection, but how you do it can affect your relationship with the police. You can only keep your situation peaceful by calmly stating your intention to exercise your right without showing contempt for the police or hostility.

What You Should Do To Enhance A Straightforward DUI Checkpoint Encounter

You should do the following to minimize the possibility of arousing suspicion or having problems at a DUI checkpoint:

Observe Traffic Rules

It is vital to comply with the traffic rules to drive safely on California roads. This is crucial, particularly when approaching and passing through DUI checkpoints. Observing traffic lights, stop signs, speed limits, and turn signals shows adherence to the road safety rules. These acts exhibit your commitment to complying with traffic rules and ensuring the safety of road users.

When the traffic officers set up checkpoints, they often look for traffic law violations or signs of impairment. Observing these rules will help minimize the likelihood of being pulled over or subjected to extra inspection.

Proper Maintenance Of Your Vehicle

Another vital component of preparing for a possible DUI checkpoint is to ensure your car is well-maintained and in good condition. Proper functioning of brakes, lights, and signals is not only a legal requirement but also a safety measure that can assist you in avoiding accidents. The police will consider you a responsible driver concerned about the safety of your car and other road users if these parts are in good working order. This precaution will minimize the possibility of being stopped at a checkpoint for a violation. Carrying out frequent maintenance inspections enables the detection and resolution of potential breakdowns. This will help you reduce unnecessary pull-overs by the traffic officers. It also promotes a smooth interaction between you and the police during a DUI stop.

Avoid Consuming Alcohol Before Driving to Ensure Safety and Avoid Legal Consequences

The decision not to consume alcohol before driving a car can be wise for many reasons. Mainly, it prevents the risks of driving under the influence, which is the leading cause of accidents and fatalities on the roads. Alcohol impairs the driver’s ability to maintain coordination, make informed decisions, and drive safely, even in small quantities. You can retain your unimpaired driving ability if you avoid consuming alcohol and also ensure the safety of all road users. If you avoid taking alcohol, you will also avoid the legal consequences of exceeding the limit at a drug and alcohol checkpoint.

Advance Notice Of Checkpoints

The official release of the police is the right way to find out about DUI checkpoints in advance. Other sources of advanced information regarding the day and location of DUI checkpoints include:

• Local TV news
• News websites and local newspapers
• Police department websites

Smartphone Apps for DUI Checkpoint Alerts

Various apps in California are used to inform motorists about the upcoming sobriety roadblocks. The traffic data app Waze also informs motorists about the police location, including at sobriety roadblocks. However, Waze’s data is often user-generated and might not be comprehensive or accurate.

Apps are created and expire based on the modification of the state law. It also depends on whether the publisher updated the apps and the platform’s operating system updates. For example, in June 2011, Research in Motion, the manufacturer of BlackBerrys, and Apple, the manufacturer of iPhones, banned the sale of apps that:

• Promote and enable drunk driving, and
• Identify DUI checkpoints not published by the police agencies

This happened after the four senators in the United States claimed that these apps were giving drunk motorists a free tool to escape checkpoints. However, a Google search showed that these apps are still available for phones that run Google’s Android OS and iPhones.

Failing To Provide A Driver’s License On A DUI Checkpoint

The repercussions you will face if you do not have a driver’s license at a DUI checkpoint depend on whether:

• You do not have a valid driver’s license at all, or
• You possess a valid driver’s license, but you just do not know that moment

Lacking A Driver’s License Completely

It is a serious offense if the police establish that you have no driver's license after being pulled over at a DUI checkpoint. Similarly, it is a crime if the traffic officers discover that you are driving on a revoked or suspended license at a DUI checkpoint. In this situation, you can face the following charges:

• Driving without a valid license under Vehicle Code 12500, or
• Driving on a suspended license under Vehicle Code 14601

Fortunately, the police will not impound your vehicle if:

• You or the registered vehicle owner authorizes the release of the car to a licensed motorist
• It is the only charge you are facing

If your crime was only driving without a valid license, the law prohibits the immediate impoundment of a vehicle at a DUI sobriety checkpoint.

Find a Skilled DUI Attorney Near Me

When you encounter a DUI checkpoint, the police will likely request you to stop and roll down your window. The officers can request your vehicle registration and driver’s license. Law enforcement officers can also ask other relevant questions and engage you in a dialogue to determine whether you are intoxicated. If the police suspect that you are drunk, they will subject you to field sobriety tests.

When the police stop you at a DUI checkpoint, you should be calm and polite. However, you must also understand your rights, including the right to remain silent, because anything you say could be used against you. For more guidance on your rights at a DUI checkpoint in Bakersfield, CA, contact the Koenig Law Office. Call us at 661-793-7222 to speak to one of our attorneys.