at a DUI checkpoint after you’ve consumed alcohol it is likely that the officer
will lean into your car, take a good whiff and smell the booze. The cop will
then question you extensively about what and when you drank—questions you
should not ask without your Orange County DUI lawyer present. Next the officer
will ask you to exit the vehicle and perform some “simple” field sobriety tests
before they “let you go on your way”. Then, the cop will ask you to take one
last test—a voluntary breath test. But remember, even if you are under the
legal limit the cop can still arrest you for DUI if they feel you are too
impaired to drive. The Orange County DA’s office prosecutes at a blood-alcohol level
of 0.06% if they have any evidence of “impairment”, such as a cop’s subjective
evaluation of your performance on field sobriety tests.
Since being anywhere
near the legal limit can result in a Dui arrest and conviction, it is best to
avoid the DUI checkpoint all together. You can, of course, check the internet
for DUI checkpoint locations and plan your drive accordingly. But if you should
happen upon an unexpected DUI checkpoint remember this: you do not have to go
through it. Orange County DUI attorneys have challenged DUI checkpoint law and
police are now required to ensure the DUI checkpoints are well-lit, well-marked,
and allow approaching drivers the opportunity to avoid the checkpoint if they
choose. That’s right, avoiding a DUI checkpoint is your right. But one work of
caution—the police will watch you turn away from the checkpoint and they will
look for any legal reason to pull you over. Any law violation will suffice—failing
to stop completely at a stop sign, not signaling, or even a defective license
plate lamp. So be on your best behavior when you exercise your right to avoid a
DUI checkpoint.
near the legal limit can result in a Dui arrest and conviction, it is best to
avoid the DUI checkpoint all together. You can, of course, check the internet
for DUI checkpoint locations and plan your drive accordingly. But if you should
happen upon an unexpected DUI checkpoint remember this: you do not have to go
through it. Orange County DUI attorneys have challenged DUI checkpoint law and
police are now required to ensure the DUI checkpoints are well-lit, well-marked,
and allow approaching drivers the opportunity to avoid the checkpoint if they
choose. That’s right, avoiding a DUI checkpoint is your right. But one work of
caution—the police will watch you turn away from the checkpoint and they will
look for any legal reason to pull you over. Any law violation will suffice—failing
to stop completely at a stop sign, not signaling, or even a defective license
plate lamp. So be on your best behavior when you exercise your right to avoid a
DUI checkpoint.
For more
information about any criminal law matter call The Law Offices of EJ Stopyro at
(949) 559-5500. You can also reach us on our contact page. Our main office is
at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA
92675.
information about any criminal law matter call The Law Offices of EJ Stopyro at
(949) 559-5500. You can also reach us on our contact page. Our main office is
at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA
92675.
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