DUI Checkpoint: Exercise Your Rights

DUI checkpoints have become a common DUI enforcement technique with law enforcement agencies in southern California. Even drivers with no drugs or alcohol in their systems become nervous when approaching these menacing traps. Needless to say those drivers with some alcohol or drugs, even prescription drugs, in their system have good reason to be nervous. If a cop thinks you might be impaired there is a good chance you will be arrested for DUI. Knowing your rights at a DUI  checkpoint can help you navigate these intimidating obstacles with the least amount of tension.



First of all, you have the right to avoid DUI  checkpoints. The law requires that DUI checkpoints be

clearly marked with signs in advance. Moreover, the law requires that DUI checkpoints be set up in a way that allows drivers to avoid them–there must be a way to turn in order to opt out of going through them. Any Orange County DUI lawyer will tell you that the police do, generally, follow this law and do set up the DUI checkpoints to allow drivers to turn and avoid them. However, the police also put an officer near the turns and watch to see which drivers exercise their legal right to avoid the DUI checkpoint. The officer will then look for any legal justification to pull those drivers over. Perhaps a license plate lamp is out, or the registration is expired, or maybe a taillight is cracked. So if you choose to turn away from a DUI checkpoint, which is your legal right, your car’s equipment better be up to code. And this is certainly the time to use your best and safest driving skills.



If you choose to go through the DUI checkpoint you also have the right to refuse to answer any questions. While you must provide your driver’s license, registration, and proof-of-insurance at a DUI checkpoint you do not have to say anything. Virtually all Orange County DUI attorneys recommend that you exercise your right to remain silent at a DUI checkpoint. However, remember to exercise this right in a polite manner. Simply tell the officer in a friendly voice that you would rather not answer any questions. Then ask if you are free to go. The officer cannot detain you without reasonable suspicion and the exercise of your right to remain silent can not be used against you.



Finally, please remember that field sobriety tests are completely voluntary. You cannot be compelled to perform them at a DUI checkpoint or anywhere else and DUI defense lawyers agree that you should never do them. Again, it is advisable to exercise this right in a polite, non-confrontational manner. Just tell the cop, in a pleasant voice, that you would rather not do them. Again, ask the officer if you are free to leave. The officer’s last effort will probably be to ask you to blow into a small, hand-held breath test machine before you are “on your way”. Again, as long as you are not under arrest, this test is completely voluntary. And again, DUI attorneys agree that you should never take this test. Remember, you have nothing to gain by answering questions, taking field sobriety tests or agreeing to a voluntary breath test. Don’t try to prove your innocence at a DUI checkpoint. Rather, don’t help the District Attorney convict you by providing all the evidence they need.

For a free and confidential telephonic consultation with an experienced Orange County DUI lawyer call The Law Offices of EJ Stopyro at (949) 559-5500.