Are DUI Checkpoints Constitutional or Even Legal In California?

A common question we hear is:  Are DUI checkpoints legal in California?  The short answer is yes, but only if strict rules are followed.  When law enforcement fails to follow these rules, arrests made at the checkpoints can be challenged and in some cases, dismissed.

At the Kolacia Law Firm, we understand the importance of knowing your rights in any situation, especially on the road.  Because of this, we’ve outlined important details and answered common questions about DUI sobriety checkpoints so you know your rights and how to properly defend them.

What is a DUI Checkpoint?

A DUI checkpoint or sometimes called a DUI Roadblock is a location where police briefly stop vehicles to look for signs of impaired driving.  Officers will set up a roadblock to stop vehicles asking for license and registration and observe drivers.  The officers are observing drivers for indications of impairment such as odor of  alcohol, slurred speech, or red and watery eyes.

Are DUI Checkpoints Legal in California?

Yes, DUI roadblocks or sobriety checkpoints are legal in California under California Vehicle Code 2814.2 and by California Supreme Court.

California Vehicle Code 2814.2 states “A driver of a motor vehicle shall stop and submit to sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”

Roadblock sobriety checkpoints were challenged in the California Supreme Court as a violation of a person’s Fourth Amendment right against “unreasonable search and seizures” of property by the government.  The California Supreme Court is Ingersoll v. Palmer ruled that sobriety checkpoints are lawful but only if they are held with certain limitations consistent with the federal and state constitution.  The Supreme Court in its decision identified eight legal requirements the government must follow to determine whether a sobriety checkpoint is constitutional.  A violation of any of these requirements will mean the checkpoint violated a persons constitutional rights and if any evidence was obtained from the checkpoint would be deemed inadmissible in court.

Legal Requirements for DUI Checkpoints in California

For DUI roadblocks to be legal, law enforcement must comply with eight key requirements.  Failure to meet all these requirements could mean the checkpoint was unconstitutional.

The California Supreme Court in Ingersoll v. Palmer found that by law enforcement following these eight requirements will serve the purpose of minimal intrusiveness on individual rights for the “highly important government interest” in deterring drunk drivers and removing drunk drivers from the roadways.  The courts note the primary purpose of a roadblock is to deter drunk driving.

1. Supervisory Planning

Checkpoints must be planned and supervised by ranking officers, not left to the discretion of officers in the field.  So supervisory law enforcement personnel will make the decision to establish a checkpoint, the selection of the site, and the procedures for the operation.  These decisions will not be made by the officers in the field.  The courts found that by having the supervisory officers plan the operation it will reduce the potential for arbitrary and capricious enforcement at the DUI checkpoints.

2. Neutral Stopping Pattern

Police must use a neutral formula such as stopping every car or every third car.  Officers cannot arbitrarily choose which cars to stop or not stop.  The courts feel that this requirement will prevent officers targeting a particular driver or car in a roadblock.

3. Safety Measures

The DUI sobriety checkpoint must have proper lighting, signs and signals, and clearly identifiable official vehicles and personnel present.  The important consideration is the safety of the motorist in the DUI checkpoint.  The checkpoint should be operated with the safety of the people involved.  The court also menationed that the checkpoint should not cause unreasonable traffic backups and officers should have procedures in place to minimize backups.

4. Roadblock in a Reasonable Location

The checkpoint must be set up in a location and at a time reasonably related to DUI enforcement.  This location should be at a site most effective in apprehending or deterring drunk drivers.  For instance, a good site location will be on a road with a high incidence of alcohol related accidents or arrests.  The choice of the location for the roadblock should be made by command level personnel.

5. Time and Duration of the Roadblock

The time of day the DUI checkpoint is established and how long it lasts makes a bearing if the checkpoint is lawful.  The courts never listed any hard or fast rules to follow as to timing and duration.   But law enforcement need to exercise “good judgement” in setting times and duration.  Most checkpoints are either later at night or the early morning hours.  This is usually done so because that is when most DUI arrests are made.  The courts have found these later night checkpoints lawful.  The courts have found that a checkpoint was unlawful in case where law enforcement did not establish a length of time for the checkpoint and law enforcement were not able to give the court a good reason for the length of time for the checkpoint.

6. Evidence of the Official Nature of the Checkpoint

The checkpoint must show high visibility, including warning signs, flashing lights, police vehicles and presence of uniformed officers to give the motorists approaching that the stop is an official law enforcement checkpoint.  Lack of lighting or signage can effect the legality of the roadblock.

7. Length and Nature of the Detention at the Checkpoint

Motorist at a checkpoint should be stopped long enough for the officer to question the driver briefly and to look for signs of intoxication such as alcohol on the breath, slurred speech, and glassy and bloodshot eyes.  If a driver does not show signs of impairment they should be permitted to drive on.  Unfortunately, if you are driving without a license or law enforcement sees another law violation they can ask you to pull aside in a special area for further investigation.

8. Prior Publicity of the Checkpoint

Law enforcement must provide advanced notice of the checkpoint, usually through press releases, on their website or even on their Facebook page.  Courts have held that prior publicity is needed for a permissible checkpoint.  The courts have stated that proving prior publicity of the checkpoint serves the deterring nature of checkpoints and serves as giving the checkpoint legitimacy.

Failure to follow any of these requirements can make a checkpoint illegal.  To challenge the legality of the checkpoint a skilled DUI Attorney will file a Motion to Suppress with the court.  Once that motion is filed the court will have a Suppression Hearing.  At this hearing the prosecution will need to provide evidence that the DUI Checkpoint met all the above requirements.

What Can I Expect

When you are approaching a DUI Checkpoint you will likely see signage on the road that a DUI Checkpoint is ahead.  You will see lighting, law enforcement vehicles and law enforcement officials.

The law enforcement agency that is operating the sobriety checkpoint will section off a portion of the road.  This will usually cause vehicles to merge into either one or two lanes before coming to a stop.

At the stop an officer will ask you to roll down your window. The officer will ask to see your driver’s licence and registration.

The officer will engage in a brief discussion.  The purpose of the discussion is to evalute whether you may be driving under the influence.

What Can Police Do at a DUI Checkpoint?

At a lawful checkpoint law enforcement may:

• Ask for your driver’s license
• Observe your condition
• Ask brief questions

Police cannot:

• Detain you longer without reasonable suspicion
• Force you to answer incriminating questions
• Require field sobriety tests without cause
• Search your vehicle without your consent or probable cause

Every situation is different.  A skilled DUI Attorney will closely review whether the officers stayed within these legal boundaries.  Our office have seen cases where law enforcement have extended the stop at the checkpoints which required motions to suppress evidence.

Can I Legally Avoid a Checkpoint

Some checkpoints are designed to give enough warning to motorists to legally avoid the checkpoint by turning away on a street prior or take a different route.  Law Enforcement agency rules generally prohibit stopping motorists solely on the basis of intentionally avoiding the stop.

However, traffic rules still apply.  Police officers may pull you over if, while avoiding the checkpoint you:

• Commit a traffic violation
• Have a vehicle defect like a broken taillight or headlight
• Endangered other people’s safety
• Displayed signs of intoxicated driving

Can I Refuse to Cooperate at a Checkpoint

Vehicle Code 2814.2(a) requires you to stop and submit at sobriety checkpoints.  So once you are stopped at a DUI checkpoint, you may not refuse to comply with the officer’s instruction such as asking for driver’s license and registration.

However, this does not mean you have to answer incriminating questions by the officer.  You also do not have to submit to field sobriety tests or pre-arrest breath test.  Remember, refusal of a breath or blood test after a DUI arrest could be considered a chemical test refusal and this can have consequences on your license including a one-year suspension.

Conclusion

Remember that a DUI Checkpoint is only constitutional if it follows the ground rules protecting the people’s rights.

If you are arrested or charged with a DUI at a checkpoint that did not follow one or more of the rules, an experienced California DUI Attorney can use this fact to have the evidence collected at the stop suppressed or the charges get dismissed.

Contact the Kolacia Law Firm for more information.