A DUI checkpoint is when police officers create a roadblock to check if people have been drinking and driving or are under the influence of drugs. Although police officers typically need a probable cause to stop a vehicle, the Supreme Court ruled in 1990 that DUI checkpoints do not require probable cause. DUI checkpoints are “administrative inspections,” just like airport screenings. For such reasons, it is legal for a police officer to stop you at a DUI checkpoint. Being stopped at a DUI checkpoint can be confusing. You might not know what to say or what to do, so our Orange County DUI lawyers explain what you should do at a DUI checkpoint.
How Do DUI Checkpoints Work in California?
The police officers operating the California DUI checkpoint will often section off a portion of the road where vehicles have to merge into before coming to a stop. Once you stop, the officer will ask to roll down the window and will want to see a driver’s license and registration. The officer may also try to engage in a brief conversation to determine if the driver is intoxicated.
Can I Avoid DUI Checkpoints?
Since there is no law that penalizes a driver from avoiding a DUI checkpoint, a driver may turn around to take another route if it can be done safely. In most cases, law enforcement does give drivers sufficient warning to allow them to avoid the checkpoint. Police officers are often prohibited from stopping drivers who try to avoid a checkpoint.
You can try to avoid a sobriety checkpoint, but be aware that you can still get pulled over if you commit a traffic violation while avoiding it or if you display obvious signs of intoxication. It is recommended not to avoid the DUI checkpoint since it can make you look suspicious.
What Should IDo at a DUI Checkpoint?
Have Documentation Ready
If you go through a DUI checkpoint, you should have your documentation ready. This includes your driver’s license, insurance, registration, etc. When you come to a stop, you should roll down your window and provide them with the documentation. Having your driver’s license and registration ready will make the process go much faster.
Be Mindful of Your Conversation
If the police officer asks you questions when you are stopped at a DUI checkpoint, you should only provide them with the basics. In most cases, they will only ask you if you have been drinking and where you are heading to or from. Be sure not to overshare information that can be used against you.
Know That You Can Refuse Pre-Arrest Breath Tests
You are not required to comply with the police officer’s instructions during a DUI checkpoint stop. You can refuse to submit a field sobriety test or a pre-arrest breath test. However, refusing to comply can result in a California misdemeanor.
Your Rights at a DUI Checkpoint
California DUI checkpoints should be temporary and random. Sobriety checkpoints are legal, but they must abide by the Supreme Court and California Consitution. The following standards must be met at a California DUI checkpoint:
- Supervising officers must make all operational decisions
- The motorist they choose to stop must be neutral and random
- The checkpoints must be reasonably located
- The checkpoint stops should be made in a timely manner
- Roadblocks should be publically announced in advance
Vehicle Impoundment at DUI Checkpoints
In the past, California law allowed police officers to impound vehicles of unlicensed drivers at California DUI checkpoints. However, since 2012 police officers can no longer automatically impound vehicles of unlicensed drivers. If you come across a DUI checkpoint and you don’t have your license with you, your car won’t be impounded.
Know About DUI Checkpoints in Advance
Law enforcement officials typically announce DUI checkpoints in advance. This includes announcing where and when the roadblocks will be held. This information will be announced on police websites, the local newspaper, news websites, and local TV news.
Arrested at a DUI Check Point?
If you or your loved one were arrested at an Orange County DUI checkpoint, you should contact an experienced attorney right away. When you’re facing DUI charges, you need strong legal representation to protect your rights and help you get your charges reduced or even dismissed. An experienced attorney can create a strong legal defense on your behalf and guide you through the process from beginning to end. You should have an attorney who specializes specifically in DUI cases so that they can develop the strongest and most strategic defense possible.
Call Our Orange County DUI Defense Attorney!
Law Offices of Virginia L. Landry, Inc. is the leading DUI defense legal team in Orange County. Our team is dedicated to providing aggressive and personalized legal counsel to clients who have been arrested for driving under the influence. When you hire our team, you can rest assured that you will receive the guidance and representation you need to get the best possible results for your case. We can protect your rights in both a criminal court and at DMV hearings. No matter how complex your case is, there is nothing our team can not handle.
Call our Orange CountyDUI defenselawyers today at949-694-8804to schedule a consultation!
FAQs
Answering Questions: You can decide which questions to answer. If a question could incriminate you, you can politely decline to respond. Field Sobriety Tests: Field sobriety tests are voluntary, and you have the right to refuse to take one.
Can you refuse to answer questions at a DUI checkpoint in California? ›
Answering Questions: You can decide which questions to answer. If a question could incriminate you, you can politely decline to respond. Field Sobriety Tests: Field sobriety tests are voluntary, and you have the right to refuse to take one.
Do you have to answer questions at a DUI checkpoint in Texas? ›
The police officer can ask you if you have been drinking. If this is not the case, you will probably say no. However, if you've been drinking, you should remain silent instead of answering in the affirmative. You can also politely inform the officer that you do not want to respond to this question.
What are the clues for the DUI field sobriety test? ›
There are eight cues or clues that a police officer is looking for on the Walk & Turn Test; they are as follows:
- Can't keep balance during instructions.
- Starts too soon.
- Stops walking.
- Misses heel-to-toe.
- Steps off line.
- Uses arms for balance.
- Improper turn.
- Incorrect number of steps.
They may not necessarily phrase their request in a fashion that makes it clear you can refuse, but in reality, you can and should refuse. Even when you go through the checkpoint, your constitutional rights still apply. You are not required to consent to a search or to answer any incriminating questions.
Do I have to show my driver's license at a DUI checkpoint in California? ›
The law: California Vehicle Code 2814.2 says all drivers must stop and submit to a sobriety checkpoint inspection when law enforcement requires it. Once a driver is at the checkpoint, they must comply with law enforcement as well as supply their license and registration at an officer's request, the vehicle code states.
Do you have to roll down your window at a DUI checkpoint in California? ›
The drivers stopped are asked to roll down their windows wide enough to speak to them. During this time, police are looking for signs of drunkenness like: Slurred speech.
Is it illegal to turn around at a DUI checkpoint? ›
It is not illegal to turn around at a DUI checkpoint as long as you comply with all traffic laws in the area. However, if you attract the attention of law enforcement, your decision to turn to avoid the DUI checkpoint could be seen as a factor that provides police with probable cause to pull you over.
Do you have to answer questions at a DUI checkpoint in Florida? ›
While you must provide your driver's license, registration, and proof of insurance, you are not required to answer questions about where you've been or if you've been drinking. Additionally, officers at a DUI checkpoint must follow certain protocols.
Do you have the right to refuse the field sobriety test in Texas? ›
If a police officer asks you to take a field sobriety test after pulling you over, your decision about taking the field sobriety test is not mandatory in Texas. You have the right to refuse to participate in these tests.
The officer will be looking for clues that you are intoxicated, such as if you sway while standing, if you put your foot down, or if you can't stand on one leg without support. This test is also difficult to perform if you've been drinking.
How many clues to fail walk and turn? ›
You will be deemed to have failed the test if you present just two (2) of the eight (8) clues. According to NHTSA, the Walk & Turn test is 68% accurate in determining alcohol intoxication above 0.10% BAC (when two or more clues are present).
What is a false positive on a field sobriety test? ›
Field sobriety tests can be unreliable. Anything from the shoes a person is wearing to the weather conditions on the side of the road can cause a person who is sober to appear intoxicated. People who have certain medical conditions might appear intoxicated during field sobriety tests when they are not.
Can you refuse a DUI checkpoint in PA? ›
Technically, you can refuse to submit to the test. However, Pennsylvania has “implied consent” laws. When you get your license, you are giving your consent to submit to field sobriety tests. Refusing to give your consent at a checkpoint or when you're pulled over could result in a suspension of your license.
Do you have to answer questions at a sobriety checkpoint in NY? ›
Your Rights at Sobriety Checkpoints
The Right to Remain Silent: You can remain silent during a sobriety checkpoint encounter. While it's essential to be cooperative and respectful, you are not required to answer questions about where you've been, what you've been doing, or whether you've consumed alcohol.
Can you turn around at a DUI checkpoint in PA? ›
It's important to know that you have the right to turn around or take an alternate route to avoid the checkpoint – provided you can do so without violating any traffic laws. Police often post a squad car near the checkpoint entrance. This subtle intimidation tactic discourages drivers from turning off.
Is it illegal to avoid a DUI checkpoint in California? ›
There is no law preventing you from intentionally avoiding a DUI roadblock. You may turn around or take another route–as long as it is safe to do so. Police typically give you enough warning to allow you to safely avoid the checkpoint.
Can you say no to a field sobriety test in California? ›
It is essential to note that field sobriety tests are not mandatory in California. You have the right to refuse to perform these tests, and doing so is not an admission of guilt.
What happens at a DUI checkpoint in California? ›
In general, a DUI checkpoint consists of a brief discussion with an officer to determine if you are driving while intoxicated. The interaction typically begins with rolling down the window and being asked for your driver's license and registration.
