The Problem with DUI Checkpoints
Random checkpoints are set up as a measure to curb drunk driving. The initiative is noble, and that is not in question. What is debatable is the legality and the infringement to one’s Fourth Amendment rights. California’s, as well as the United States Constitution, allow for DUI checkpoints to be set up. However, in the exercise of their mandate, the officers are expected to carry out the checks within the prescribed standards, failure to which, a DUI lawyer can challenge arrests or tests administered by the officers in a court of law.
It is essential to understand the procedures laid down for the officers while administering sobriety tests. We will then analyze what is expected of you at a DUI checkpoint. Only then can the conversation of the challenges that DUI checkpoints present become objective.
Legal Parameters Governing DUI Checkpoints
The guidelines of DUI checkpoints were set in California’s Supreme Court landmark ruling in the case of Ingersoll v. Palmer. The petitioner in the case questioned the standards used in the administration of the sobriety checks. It was the view of the court that the checks remain in place but with procedures on how the tests will be administered. Any violation of the guidelines make the checkpoint and the actions by the officers at the DUI checkpoint illegal. Here is a look at the directions the court provided.
- Supervising Officers Make Operational Decisions
Operational and administrative decisions of the checkpoints are a reserve of the supervising officers. Field officers are only to act upon the instructions of their supervisors. It is unconstitutional for the field officers to set up and operate a DUI checkpoint.
- Reasonable Location
All DUI checkpoints should be set up in areas that have high DUI-related arrests or accidents. The checkpoints cannot be set up in random locations.
- Neutral Stopping of Motorists
The supervising officers must agree upon a neutral mathematical selection of the vehicles beforehand. The field officers will then be expected to act within the dictates of the selection process. This eliminates the biases, such as stopping a particular car make, model, or drivers of a certain age or race.
- Safety Considerations Must Be Put In Place
Supervising officers must have all safety considerations put in place at the DUI checkpoint. The checkpoint should be visible to all motorists and should not be set up in a way that could result in a traffic accident.
- The Time Spent On The Checkpoint Should Show Good Judgement
The time under consideration is in two aspects. The first is the period spent by officers at the DUI checkpoint. The second relates to the time spent in administering the sobriety tests to each driver. All should show good judgment in that the time speaks of effectiveness and not an intrusion of a driver’s rights.
- All Checkpoints Must Show Their Official Nature
Motorists should know that they are approaching a DUI checkpoint. This is only evident if there are warning signs, marked police cars, flashing lights, and the presence of police officers.
- DUI Checkpoints Should Be Advertised In Advance
It is a legal requirement that the officers advertise the upcoming roadblocks through newspapers, local radio and TV stations as well as websites. However, failure on their part to promote in itself does not make the DUI checkpoint unconstitutional.
The courts have to find a balance between two aspects of a case before their determination of the legality of sobriety checkpoints. They include:
- The state’s efforts in preventing drunk-driving, and
- Violation of a motorist’s rights, including generating surprise and fear.
When you present such a matter to a DUI lawyer, their main point of focus will be if the above procedures were met. Any violation of the above processes is a good starting point to challenge the constitutionality of the tests.
Responsibilities of a Driver at DUI Checkpoints
The police may have their work cut out for them in the producers laid to them from the Ingersoll v. Palmer case. As a motorist, you too have a role to play. Drivers are expected to cooperate with police officers while they carry out their duties at the DUI checkpoint such as administering sobriety tests as per the dictates of Vehicle Code 2814.2 (a) VC. Failure to cooperate with the police officers puts you at risk of a California infraction. The cooperation in this case, however, is limited to following the instructions the police officer will issue you and not taking a sobriety test.
Sobriety tests are optional. Failure to take the breath, blood, and mouth swab tests is not considered as non-cooperation. However, refusing to take the said tests will result in a DUI charge. If you are arrested within the dictates of the law, any refusal to have the analysis carried out after the arrest will lead to a one-year suspension of your driver’s license, a situation you need not be involved. It is, therefore, in your best interests to follow the instructions the officers offer at the sobriety checkpoint. You can always challenge the legality of the tests at a later time. If it is your view that the tests will be incriminating, you can exercise your rights in declining taking the tests.
Police officers will also check for driving licenses at the DUI checkpoints. It is your responsibility as a driver to have your license with you when you are on the road. However, certain circumstances may lead you to drive without one:
- You may have a valid license but not with you at the time of arrest, or
- You may lack a license because of a license suspension.
If you have a valid license that you failed to produce at the DUI checkpoint, you will be charged with an infraction. Paying a fine should get you out of the legal hurdle. However, driving on a suspended or revoked license is a more severe offense. You may be charged with driving without a valid license under Vehicle Code 12500 or driving on a suspended license, Vehicle Code 14601. You may serve a jail sentence over and above paying a fine.
Some drivers have been victims of their vehicles being impounded. Arresting officers seize cars at the checkpoint because the driver lacked a license. If an officer attempts to impound your vehicle, their actions are considered illegal. California law allowed for vehicle impound before 2012. However, this move affected many undocumented immigrants. Those against vehicle impound at the DUI checkpoints argued that the car seizures:
- Unfairly targeted individuals who needed vehicles to go to work but were denied the opportunity to obtain a driver’s license due to their undocumented nature
- Were an infringement of a driver’s Fourth Amendment Rights as they were unreasonable
- Were motivated by financial gain
The outcry was remedied by legislation, the Vehicle Code 2814.2 that prohibits the immediate impoundment of a vehicle if driving without a valid license is the only offense.
Avoiding DUI Checkpoints
Is it legal to avoid a sobriety checkpoint? Yes, it is. There is no statutory provision that bars you from avoiding sobriety checks. The loopholes in the legal framework create opportunities for you to avoid DUI checkpoints. We will address avoiding checkpoints from two fronts, namely:
- Avoiding DUI Checkpoints through notice Issued by Police Officers in Media Outlets
It is from the Ingersoll v. Palmer case that police officers are expected to advertise any DUI checkpoint set up anywhere in California. The legal pronouncement by the Supreme Court was to remedy the situation where police officers set up DUI checkpoints and in turn surprise drivers with sobriety tests and DUI arrests. However, the notices became avenues that drivers use to avoid checkpoints. All you need to do is know the specific location of the checkpoint and find an alternative route. You can also plan to use the same road before or after the checkpoint is set up. Further, with the App age, some apps that inform drivers of the location of checkpoints are readily available. They come in handy when you don’t want to go through a checkpoint.
- Avoiding a DUI Checkpoint right Ahead of You
In some cases, you may unknowingly approach a checkpoint. You can avoid the stop-over by finding an alternative route. The traffic officers may not stop you from doing so. However, it would help if you did not violate traffic laws when avoiding a checkpoint. A traffic officer will only pull you over while avoiding a DUI checkpoint if you:
- Commit traffic violation
- Have a broken tail light or any other vehicle defect, or
- Show signs of intoxication
If you are not able to find an alternative route, proceed to the checkpoint. At the checkpoint, you need not answer any of the officer’s questions. You have the right to remain silent. It is your right not to say anything incriminating. As you do this, be sure to let the officer know that you are exercising your right to remain silent.
How Effective are the DUI Checkpoints?
Having understood the DUI checkpoints’ legal framework, your responsibilities as a driver, as well as how to avoid DUI checkpoints, we then can breakdown how effective the checkpoints are and if they achieve their overall objective. In doing so, we will have a better understanding of the problems that DUI checkpoints present.
The aspect of effectiveness can be addressed from various angles. However, the main reason the checkpoint idea was born was to curb drunk driving. What we all should interrogate is, “Have the checkpoints prevented drunk driving in California?”
Checkpoints are but one aspect of deterring drunk driving in California. They helped reduce cases of drunk driving during their introduction. However, over time, the debate on drunk driving cases points to the problems found within the checkpoints that question their effectiveness. While the checkpoints deter some people from driving drunk on that day, and the arrest of the drunk drivers reduces the instances of drunk driving, more has to be done to prevent drunk driving.
The matter is further complicated when the police set up checkpoints without following the due course of the law. This puts to question the validity of the sobriety tests. Also, some drunk drivers may avoid being caught by merely taking an alternative route, or using the road before or after the police have left. This shows that there is much to be done.
With the growing number of DUI cases, many have suffered from unwarranted DUI charges brought upon them. The cases are evidence that the efforts of the prosecutors are not geared to address the real problem of preventing drunk driving. Their primary focus has shifted to prosecuting as many DUI cases. As such, the pressure has trickled down to the officers who violate the law when setting up the DUI checkpoints. Their aim? To punish as many DUI offenders to serve as an example to others.
Such pursuit affects the merit of some of the cases they pursue. However, they are quickly thrown out by the courts owing to the violations of the driver’s rights. A DUI lawyer is well equipped to handle such matters. They are sure to help you avoid the negative implications a DUI conviction brings especially from checkpoint arrests. Depending on the DUI charge brought forward against you, you could face a jail sentence that ranges from three (3) months up to five (5) years. You may also be required to pay a fine that ranges from $1,000 to $2,000 either as a punishment on itself, or an additional penalty over and above the said jail term.
In some cases, you may be required to attend a Driving Under the Influence program. All court punishments for the offense are grave and impact your records negatively. This is why hiring a DUI lawyer could be a life-saving decision.
We all should be part of the broader conversation of how to tackle drunk driving. DUI checkpoints, noble as the idea is, cannot be relied upon to address the matter of drunk driving. This is one solution that will help address the challenges faced at DUI checkpoints.
