Just because a driver is arrested at a DUI sobriety checkpoint – even if he/she actually was driving under the influence – does not mean that he/she will necessarily be convicted of the offense.
This is because experienced California DUI defense attorneys know that if the officers do not follow strict rules and regulations with respect to these checkpoints, any arrests that they make will be considered unlawful. And if an arrest is unlawful, the subsequent charges will most likely be dismissed.
The Rules and Regulations that Govern Sobriety Checkpoints
1. Supervising officers must be in charge
Supervising officers (as opposed to field officers) must determine where, how, and when California sobriety checkpoints will operate. Supervising officers usually determine where these checkpoints will be held based on what areas have the highest concentration of DUI-related accidents and/or arrests.
This regulation also includes establishing the criteria for how cars will be stopped. For example, the supervising officers must determine ahead of time whether field officers will stop every car, every third car, every fifth car, etc.
2. The sobriety checkpoint must be reasonably located
The location of the DUI roadblock must be reasonable. This means that the sobriety checkpoint must be in a location where there is a high incidence of DUI-related accidents or arrests. It also means that the supervising officers must consider everyone’s safety when choosing where to set up a sobriety checkpoint.
3. DUI roadblocks must be publicly advertised
California sobriety checkpoints must be publicly advertised prior to the date of the roadblock and clearly visible to approaching drivers. With respect to advertising, law enforcement websites, local newspapers, and news stations often report the upcoming checkpoint about a week prior to its operation.
With respect to visibility, 
- warning signs,
- flashing lights,
- adequate lighting,
- marked police cars, and
- the presence of uniformed police officers
typically satisfy this requirement.
4. Drivers who do not wish to stop at the DUI checkpoint must be allowed to leave
Perhaps one of the most interesting requirements is that you must have the opportunity to drive away from the checkpoint if you don’t wish to stop. If you choose to exercise this right, you cannot legally be stopped for doing so unless you (1) commit a traffic violation, or (2) display signs of obvious intoxication.
When I have a client who is arrested at a California DUI checkpoint, I not only investigate the charge that he/she was driving under the influence…by exploring all the ‘typical’ California DUI defenses…but I also critically examine the sobriety checkpoint itself to see if all of the legal requirements that relate to these DUI traps are satisfied. When they are not, I may be able to use these fatal flaws to get the drunk driving case dismissed. Call my office today at (619) 238-1905 for a free consultation.
