California Law as to DUI Sobriety Checkpoints

California DUI checkpoints (also commonly referred to as sobriety checkpoints, drunk driving sobriety checkpoints and DUI roadblocks) are becoming more popular as the state cracks down on DUI offenders.

Even though California law allows police to operate sobriety checkpoints, they must still follow certain rules and guidelines. If they don't, people can be wrongfully arrested for Vehicle Code 23152a VC driving under the influence.

This is one of the reasons why it is critical to consult with an experienced California DUI defense attorney if you are arrested for a DUI at a sobriety checkpoint.

If the cops didn't follow the correct procedures, it may be possible to get your case dismissed on that basis alone!

What are California DUI checkpoints?

While the politically correct "stated" purpose of a DUI checkpoint is to deter drunk drivers¹, we know better...it's to arrest drunk drivers.

When you approach a sobriety checkpoint, an officer is only supposed to ask you a couple of questions in order to determine quickly whether you display signs of intoxication. The officer will also likely shine a light into your car to see if you have any open containers of alcohol.

If the officer believes that you may be impaired, he/she will direct you to an area to perform California DUI field sobriety tests (FSTs). At that point, a typical DUI investigation will ensue. If, after questioning you, the officer is confident that you are not DUI, you will be allowed to continue on your way.

In Order to be Legally Valid, California DUI Sobriety Checkpoints Must Adhere to Strict Requirements

In Ingersoll v. Palmer (the landmark DUI sobriety checkpoint case), the California Supreme Court ruled that DUI roadblocks must adhere to specific requirements in order to be constitutionally recognized.² If they do not, your California DUI defense attorney may be able to get your DUI charges reduced or even dismissed.

These requirements relate to:

• who makes decisions with respect to the operation of California sobriety checkpoints,



• when and how DUI roadblocks are operated, and



• the intrusiveness to those stopped at a DUI checkpoint.

More specifically...

Supervising officers must be in charge

Supervising officers (as opposed to field officers) must determine where, how, and when California sobriety checkpoints will operate.³ Supervising officers usually determine where these checkpoints will be held, based on what areas have the highest concentration of DUI-related accidents and/or arrests.

This regulation also includes establishing the criteria for how cars will be stopped. For example, the supervising officers must determine ahead of time whether field officers will stop every car, every third car, every fifth car, etc.⁴

The sobriety checkpoint must be reasonably located

The location of the DUI roadblock must be reasonable. This means that the sobriety checkpoint must be in a location where there is a high volume of DUI-related accidents or arrests. It also means that the supervising officers must consider everyone's safety when choosing where to set up a sobriety checkpoint.⁵

DUI roadblocks must be publically advertised

California DUI sobriety checkpoints must be publically advertised prior to the date of the roadblock and clearly visible to approaching drivers. With respect to advertising, law enforcement websites, local newspapers, and news stations often report the upcoming checkpoint about a week prior to its operation.

With respect to visibility,

• warning signs,



• flashing lights,



• adequate lighting,



• marked police cars, and



• the presence of uniformed police officers

typically satisfy this requirement.⁶

Drivers who don't wish to stop at the DUI checkpoint must be allowed to leave

Perhaps one of the most interesting requirements is that you must have the opportunity to drive away from the checkpoint if you don't wish to stop. If you choose to exercise this right, you cannot legally be stopped for doing so unless you (1) commit a traffic violation, or (2) display signs of obvious intoxication.⁷

As Darrell York, a top Ventura County DUI attorney explains⁸, "When I have a client who is arrested at a California DUI checkpoint, I not only investigate the charge that he was driving under the influence...by exploring all the 'typical' California DUI defenses...but I also critically examine the sobriety checkpoint itself to see if all of the legal requirements that relate to these DUI traps are satisfied. When they are not, I can use these fatal flaws to help acquit my client."

If you have additional questions about how California DUI laws relate to sobriety checkpoints, or you would like to discuss your case confidentially with one of our California DUI defense attorneys, please don't hesitate to contact us. We have local DUI law offices in Los Angeles, Riverside, Orange County, San Bernardino, Ventura, San Jose, the San Francisco Bay area, and several nearby cities.

You may also find helpful information in our related articles on Vehicle Code 23152a Driving Under the Influence, California DUI Defenses, California DUI Field Sobriety Tests (FSTs) and California DUI laws.

Legal References:

¹Ingersoll v. Palmer (1987) 43 Cal.3d 1321, 1335. ("However, the sobriety checkpoint here was operated not for the primary purpose of discovering or preserving evidence of crime or arresting lawbreakers, but primarily for the regulatory purpose of keeping intoxicated drivers off the highways to the end of enhancing public safety.")

²The California Supreme held in Ingersoll v. Palmer (1987) 43 Cal.3d 1321, that as long as certain "functional requirements" are met, the intrusiveness of California DUI checkpoints is minimized, thereby authorizing their legal operation.

³See Ingersoll, endnote 1 above at 1341. ("The decision to establish a sobriety checkpoint, the selection of the site and the procedures for the checkpoint operation should be made and established by supervisory law enforcement personnel, and not by an officer in the field. This requirement is important to reduce the potential for arbitrary and capricious enforcement.")

⁴See same at 1342. ("A related concern is that motorists should not be subject to the unbridled discretion of the officer in the field as to who is to be stopped. Instead, a neutral formula such as every driver or every third, fifth or tenth driver should be employed.")

⁵See same at 1343. ("The location of checkpoints should be determined by policy-making officials rather than by officers in the field. The sites chosen should be those which will be most effective in achieving the governmental interest; i.e., on roads having a high incidence of alcohol related accidents and/or arrests. (See State v. Coccomo, supra, 427 A.2d 131, 134.) Safety factors must also be considered in choosing an appropriate location.")

⁶See same at 1346. ("Advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.") See also 1345. ("The roadblock should be established with high visibility, including warning signs, flashing lights, adequate lighting, police vehicles and the presence of uniformed officers. Not only are such factors important for safety reasons, advance warning will reassure motorists that the stop is duly authorized.")

⁷See same at 1336. ("Checkpoint personnel were specifically instructed that drivers were not to be stopped merely for avoiding the checkpoint.FN5 The road sign announcing the checkpoint was placed sufficiently in advance of the checkpoint that motorists could choose to avoid the checkpoint. FN5 Cars avoiding the checkpoint would be stopped, however, if in avoiding the checkpoint the driver did anything unlawful, or exhibited obvious signs of impairment.")

⁸Darrell York, one of Ventura County's top DUI defense attorneys uses his former inside knowledge as a DUI enforcement officer to defend clients accused of DUI throughout the area. He represents clients in Ventura, Simi Valley, Oxnard, Santa Clarita, Van Nuys, Pasadena, Burbank and Glendale. Please feel free to contact us for more information.

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