DUI checkpoints have been upheld as Constitutional by the Supreme Court of the United States. In California, DUI checkpoints are used on public streets and roadways in order to catch drunk drivers. In order to operate these checkpoints, courts have established strict guidelines that govern their operation. A failure to adhere to these guidelines may infringe upon the rights of the person arrested and may result in the reduction or dismissal of DUI charges.
Attorney James V. Bickford IV is familiar with the guidelines that govern the operation of sobriety checkpoints in California. If you have been arrested for a DUI at a sobriety checkpoint, you should contact an experienced drunk driving attorney in San Diego County and learn more information about your rights for a defense. Mr. Bickford has a lengthy track record of success in DUI cases over the past decade.
Ocean Beach DUI Sobriety Checkpoint Arrests
A DUI checkpoint must be announced to the public in advance and needs to be set up by command law enforcement officers, not officers in the field. Vehicles should be selected using a neutral math formula and the checkpoints must be maintained safely for both police and motorists. Each motorist who is stopped at a checkpoint should only be detained for the amount of time that it takes to question the driver briefly and look for signs of intoxication.
If the officer observes signs of impairment, then the driver may be directed to an area for a field sobriety test. At that point, general principles of arrest would apply. If no signs of impairment are found, the driver should be allowed to go without further delay. The primary purpose of a sobriety checkpoint is to promote public safety by deterring drinking and driving, and is not for the purpose of criminal investigation.
In order to determine whether your arrest was within the established guidelines, you should speak with an experienced DUI lawyer.
Understand Your Rights in California DUI Defense
For more information regarding California DUI checkpoints, contact James V. Bickford IV for a free case evaluation. Send an e-mail or call our San Diego office at 619-272-6934 as soon as possible after an arrest to learn about your legal options.
