Are you required by law to stop at a sobriety checkpoint in California?
Yes. In California, any driver of a motor vehicle must stop and submit to a sobriety checkpoint conducted by law enforcement. Once you stop, you will have to submit to a DUI Inspection, which involves rolling down your window and answering an officer’s question about your license and registration, as well as how much alcohol you’ve had to drink.
What Should I Do at a DUI Checkpoint?
The best thing you can do is to stay calm and be prepared to give the officer your license and registration. It is important to remember that while the law requires you to stop at a DUI checkpoint, you do not have to grant the officer permission to search your vehicle, nor do you have to submit to a field sobriety test.
California Vehicle Code 2814.2 clearly states what is required of you and the officers at a DUI checkpoint. The statute reads:
“(a) A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.
(b) Notwithstanding Section 14602.6 or 14607.6, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint if the driver’s only offense is a violation of Section 12500.
(c) During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owner’s authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if he or she is a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and driver’s license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officer’s copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) of Section 22651, whether a notice to appear has been issued or not.”
What to Expect at a DUI Checkpoint
If you’re not driving while intoxicated, your experience at a DUI checkpoint should be brief. Police officers are keeping an eye out for people breaking the law, so once you’re at a checkpoint an officer will be mainly looking to see if you:
- Have difficulty gathering your license and registration once it is requested
- Smell like alcohol
- Have trouble understanding or answering the officer’s questions
- Have any alcoholic beverages, drugs, or paraphernalia in the vehicle
- Exhibit slurred speech, red/watery eyes, or signs of physical impairment
If you are intoxicated and you pull up to a DUI checkpoint, your experience will not be a good one. If an officer believes you are intoxicated, they will extend their investigation. This can lead to a California DUI field sobriety test (FST), or a breathalyzer test. If there is probable cause to believe that you were driving under the influence of alcohol or the influence of drugs, you may be arrested.
DUI Checkpoints and Your Fourth Amendment Rights
The Fourth Amendment of the Constitution states that individuals are protected against “unreasonable searches and seizures” of property by the government. Over time, this amendment has expanded to protect individuals from stop-and-frisk searches and other forms of property seizure without probable cause.
In order to comply with the Fourth Amendment, California DUI checkpoints must adhere to the following:
- The checkpoint must be reasonably located and identifiable
- Supervising officers must make all operational decisions
- Stopping motorists must be a non-discriminatory or neutral action
- Adequate safety precautions must be taken
- Proper signage must display the existence of the checkpoint
- Drivers can only be detained for a minimum amount of time
- Roadblocks must be publicly advertised in advance
Support for DUI Victims
If you or a loved one has been injured in an accident due to an intoxicated driver, the accident attorneys at Maison Law are here to help. Our firm is committed to helping drunk driving accident victims obtain full compensation for their damages. We bring substantial personal injury experience to your case and will aggressively pursue a fair settlement on your behalf. For expert legal counsel, contact Maison Law today for a free consultation and case evaluation. Our firm does not charge any upfront fees for our services and we only get paid after we’ve won your case.
