You've probably seen the signs along the road. They're easy to spot, and they always create a bit of a stir. "DUI checkpoint ahead," they read, followed by a list of instructions for what drivers should do when they encounter one. Do you know what to do if you're stopped at a DUI checkpoint? If not, don't worry - most people don't.
In this blog post, we'll explain everything you need to know about DUI checkpoints in California.
What Are DUI Checkpoints?
DUI checkpoints are police stops of drivers that officers believe may be intoxicated. The officers will look for signs of intoxication, such as slurred speech or the smell of alcohol, and may ask the driver to perform a field sobriety test. If the officer has probable cause to believe that the driver is intoxicated, they will be arrested and taken into custody.
Why Are DUI Checkpoints Conducted?
DUI checkpoints are conducted in order to catch drunk drivers and remove them from the road. They are also used as a deterrent - if drivers know that there is a chance they may be stopped at a checkpoint, they may be less likely to drink and drive.
Are DUI Checkpoints Legal?
Yes, DUI checkpoints are legal in California. In fact, they are constitutional according to a 1990 Supreme Court ruling. However, there are certain rules that police must follow when conducting a checkpoint, such as advance notice to the public and selection of drivers based on neutral criteria (e.g., every third car). If the police do not follow these rules, the checkpoint may be deemed illegal and any evidence of intoxication collected at the checkpoint may be suppressed.
What Should You Do If You're Stopped at a DUI Checkpoint?
If you're stopped at a DUI checkpoint, the first thing you should do is remain calm. Remember that the officers are just doing their job, and they are not out to get you. Be polite and respectful, and follow all of their instructions. The officer will likely ask you for your license and registration, so have those ready to hand over. They may also ask you some questions about where you're coming from and where you're going.
Again, just stay calm and answer truthfully. If the officer believes that you may be intoxicated, they will ask you to step out of the car for a field sobriety test. You have the right to decline this test, but keep in mind that if you do, the officer may arrest you based on their observations. If you take the field sobriety test and fail, you will be arrested and taken into custody.
What Happens Next?
If you are arrested for DUI, you will be taken to the police station and given a chemical test to determine your blood alcohol content (BAC). If your BAC is over the legal limit, you will be charged with DUI. You will then have to appear in court, where you may face fines, jail time, and other penalties. It is important to note that even if you are not convicted of DUI, you may still face administrative penalties from the DMV, such as a license suspension.
If you find yourself facing DUI charges, it is important to seek out experienced legal representation. An experienced DUI attorney will know how to navigate the complex legal system and fight for your rights. Contact us today for a consultation.
DUI checkpoints can be stressful encounters, especially if you don't know what to expect. But by following these simple tips, you can ensure that the encounter goes as smoothly as possible. And if you do find yourself facing DUI charges, remember that we're here to help. Contact us today for a consultation. We'll review your case and help you determine the best course of action. Call us now.
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With Lynn Gorelick you don't have to face criminal charges alone. You will receive personal attention to your case. Ms. Gorelick will be the one to appear in court with you from beginning to end. Ms. Gorelick, herself, will be doing your DMV hearings. You will not be handed off to another attorney or associate. You deserve this kind of attention to your needs at this stressful time. Ms. Gorelick has represented people charged with DUI for over 38 years. She has NEVER been a prosecutor who pursues convictions. She has only DEFENDED people accused of crimes. Contact us today for your consultation!
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