What to Do at a DUI Checkpoint

California law enforcement sets up over 2,500 checkpoints annually in which officers stop vehicles and check drivers for signs of intoxication and impairment. Therefore, your chances of being stopped at a California DUI checkpoint are extremely high. This article will teach you how to handle the situation and protect your rights and freedom.

Your Right to Notice

By law, DUI checkpoints must be publicly announced or posted including the dates of the checkpoint and the times of day. Generally, this is done by posting a notice in the local newspaper.  As a driver nears a checkpoint, there should also be adequate signage and informative cones, lights, or officers directing traffic.

Your Right to Avoid the Checkpoint

It is entirely legal to avoid a DUI checkpoint entirely. You have the right to choose a different route if it is accessible and available to you. However, you must obey all traffic laws when avoiding the checkpoint or the police are likely to pull you over for a traffic violation.

Before you decide to avoid a checkpoint, be aware of any issues with your vehicle or your driver’s license. It is extremely likely there will be additional patrol officers in the vicinity of the checkpoint. These officers cannot pull you over without probable cause, but licensing issues (such as a suspended license), vehicle issues (such as license plate discrepancies or lighting problems), or unlawful driving will allow them to stop you and investigate.

The Checkpoint

If you decide to pass through a checkpoint, be prepared to stop and show proof of license if the officer requests you to do so. Police are required to follow a “neutral mathematical formula” when selecting which vehicles to stop. This generally means officers will either stop every car or stop vehicles in a pattern (for example every third, fifth, or seventh car.) If the officer asks you questions, be polite and honest without incriminating yourself.

Checkpoints are required to be brief and to the point. Stopped drivers should only be detained long enough for the officer to briefly speak with the driver and look for any observable signs of intoxication such as alcohol odor, bloodshot eyes, or slurred speech. If the officer does not observe any such signs, the driver should be permitted to move on without further delay. However, if the officer does observe any signs of possible impairment, the officer will likely direct the driver to a separate area to conduct a DUI investigation.

If you or a loved one is being charged with DUI, contact Hunter Legal Group today at (424) 388-0169 or by filling out the form below.