DUI Checkpoints: Challenging Your DUI Arrest

Law Offices of EJ Stopyro Orange County DUI Lawyers
DUI Attorney in Orange County

DUI checkpoints have been legally operated in California since the California Supreme Courts decision in the 1987 case of Ingersoll v. Palmer 43 Cal.3d 1321. The Ingersoll court held that as long as certain criteria are met, DUI checkpoints are not prohibited by the 4^th Amendment. These criteria have come to be known by DUI attorneys as the Ingersol guidelines. They are as follows:

1)                  The decision-making about how, where and for how long a checkpoint is run must be made at a supervisory level. These decisions cannot be made by the officers at the checkpoint.

2)                  There must be limits on the discretion of the field officers working at these DUI checkpoints on which vehicles to stop.

3)                  The checkpoint must be set up in a safe location and the location must be conducive to safely run checkpoint.

4)                  The location chosen for the checkpoint must be “reasonable”. (Usually accomplished by showing a high incidence of DUI arrests in that area)

5)                  The time of operation of the DUI checkpoint and the duration of the checkpoint must also be reasonable.

6)                  The roadblock cannot be disguised or hidden; there must be indicia of the official natureof the roadblock.

7)                  The amount of time a driver is detained at a DUI checkpoint, as well as the way that the driver is detained must be reasonable.

8)                  The time and location of the checkpoint must be publicized in advance.

One of the most successful challenges to a DUI checkpoint arrest is that the cops working the checkpoint exercised too much discretion. In order for a DUI checkpoint to be legal, there must be a neutral formula for which vehicles to stop. For example, it must be decided in advance that every third vehicle will be stopped. Once this formula is established, a cop working the DUI checkpoint cannot vary from it.

For example, the cop cannot decide to stop a car just because it looks like it is full of young people who might be coming from a club. The cop has to stick with the neutral formula set in advance. If he doesn’t, the arrest is unlawful. You will probably not know if the cop stuck to the neutral formula until your DUI lawyer subpoenas the records for the checkpoint which can include a video of the checkpoint.

Also, you have the right to avoid the DUI checkpoint if you want to. Since a checkpoint must display indicia of the official nature of the DUI checkpoint, it will be obvious from a distance that a DUI checkpoint is in progress. It is your right to avoid this DUI checkpoint. However, most police agencies post a police officer near the approach to the checkpoint to watch for those who avoid it. It is ILLEGAL for the officer to stop someone for merely avoiding a checkpoint. However, if the police officer sees someone avoiding a checkpoint, the officer will follow that motorist and look for a legal reason to make a stop. (a broken tail light or an illegal U-turn)

For more information about DUI checkpoints or any aspect of DUI law call the Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUIattorney. Or go to our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Orange County DUILawyers
DUI Attorney in Orange County