DUI Checkpoint: Know Your Rights

DUI checkpoints have become a regular feature of the Southern California landscape.
When motorists happen upon a DUI checkpoint they often become anxious, even if
they have had nothing to drink at all. Needless to say, motorists with some
alcohol or drugs, even prescription drugs, in their system have a lot to be
nervous about. After all, if a police officer believes that you are impaired,
even if you are well below a 0.08%, you could be arrested and convicted of a DUI.

So the next
time you come upon a DUI checkpoint, remember your rights. First of all, you
have the right to avoid the DUI checkpoint altogether. Case law specifically
mandates that the checkpoint be clearly marked in advance with signs, be well
lit, and provide oncoming drivers the opportunity to avoid the checkpoint.
Secondly, you have the right to have your DUI lawyer in Orange County present before answering any questions about what you
drank and when you drank it. You should always exercise this right. Third, you
have the right to not perform any field
sobriety tests.

Field
sobriety tests are voluntary, but the cop will never tell you that. Do your DUI
lawyer and yourself and never perform any field sobriety tests. And finally,
you have not have to take the voluntary breath test that most DUI checkpoints
request. This breath test is offered BEFORE a person is arrested. Once you have
been arrested you are legally required to provide a breath or blood sample of
your choosing.





For more
information about DUI checkpoints or any criminal matter call The Law Offices
of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic
consultation with an experienced Orange County DUI attorney. You can also reach
us at www.ejesquire.com. We have offices
at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675
and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.