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?
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 Expect to be ticketed if your license is suspended, registration is out of date, your driving uninsured or if your vehicle has equipment violations.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.
