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California DUI Checkpoint

July 25, 2019

Scott Elford

California DUI Checkpoint

May 19, 2022July 25, 2019 by Scott Elford

If you’ve spent anytime in California lately chances are you have encountered a California DUI Checkpoint. Are DUI checkpoints constitutional? Is it legal to try and avoid them?. Can you refuse to comply with them? The answers to these and many more questions regarding California DUI checkpoints will be discussed further.

Does a DUI checkpoint violate your 4th amendment rights?

DUI checkpoints are legal under both the United States and California constitutions.The California Supreme Court has held that DUI checkpoints are “administrative inspections,” like airport screenings. They are an exception to the Fourth Amendment rule that an officer must have probable cause or a reasonable suspicion to initiate a investigation.

Can you Legally Avoid A California DUI checkpoint?

Yes as long as you do not violate any other law or traffic violation in order to avoid the checkpoint. Law enforcement agencies typically give drivers sufficient warning to allow them to safely avoid the checkpoint. This nullify’s any protest that the checkpoint is a entrapment that you could not escape.

Do I have to comply at the checkpoint?

You cannot refuse to stop at the checkpoint you must comply with the officer that is operating the checkpoint. When asked for license, registration or to exit the vehicle you are required to cooperate.

What to expect at a DUI checkpoint.

Obviously they are looking for intoxicated drivers but they are looking for other violations as well. Expect to be ticketed if your license is suspended, registration is out of date, your driving uninsured or if your vehicle has equipment violations. They can also impounded the vehicle for these violations. Officers will be looking at your pupils smelling your breath and taking note on how you respond to their directions.

When does a DUI checkpoint turn into a DUI investigation.

Factors that take a stop at a DUI checkpoint to a DUI investigation very quickly.

  • Advising the officer you have only had 2 drinks will do it.
  • Slurring your words and fumbling around to find license and registration.
  • Red watery eyes.
  • Aggressive behavior towards the officer.
  • Smells of alcohol or cannabis
  • Open containers or drug paraphernalia present in vehicle.
If the officer notices one or more of the above factors the next steps will be a blood alcohol test, a field sobriety test or a mouth swab to test for drugs. If its determined your impaired a DUI arrest is in your future. A refusal to submit the DUI test will bring a automatic 1 year suspension. Also expect impounding of the vehicle.

You been arrested for DUI at the checkpoint now what?

Depending on the officer and your behavior you may be going behind bars until you have sobered up. Your car will be towed to impound. You may want to find an attorney. The California DMV will require you to have sr22 insurance. Enrollment in a DUI school is required. A ignition interlock device installed on your car as well. Court cost, fines and humiliation as well are coming your way.

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About the author

Scott Elford has worked in the Property and Casualty Insurance Industry since 1988. In 1995 Scott started Pacific Sun Insurance Service as the industry changed thru the years Scott created E-sr22filing.com to help people who had lost their driving privilege get it back with easy online sr22 insurance quotes and same day sr22 filings. With 34 years insurance experience and holding 7 different insurance licenses you can rest assured that Scott and the fine folks at Pacific Sun will take care of any sr22 needs you may have.

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