DUI Checkpoints in Los Angeles

Los Angeles DUI Checkpoints

Los Angeles DUI checkpoints are not uncommon, particularly on weekends, holidays, and around major events. Sobriety checkpoints are designed to deter impaired driving and keep roads safe. But are DUI checkpoints legal in California, and what are your legal rights when you encounter one?

At the Law Offices of Justin E. Sterling, we have a long track record of defending individuals facing DUI charges in Los Angeles. We’re here to inform you of your rights, your legal options, and provide help if you’re arrested at an LAPD sobriety checkpoint. Call or contact us today for a free case evaluation.

Are DUI Checkpoints Legal in California?

Yes, sobriety checkpoints are legal in California. However, they must follow strict guidelines established by the state Supreme Court and the U.S. Constitution.

Some of the legal requirements include:

  • The checkpoint must be announced to the public in advance.
  • Vehicles must be stopped using a neutral formula.
  • The checkpoint must be in an area with a history of DUI incidents.
  • The stop must be minimally intrusive.
  • Signs and lighting must indicate the presence of law enforcement agencies.
  • Supervising officers must make all operational decisions.

These rules exist to protect citizens from unlawful stops and to ensure all DUI checkpoints are conducted in a fair, non-discriminatory manner. If officers failed to follow these legal requirements and arrested you for drunk driving, they may have violated your DUI checkpoint rights, giving you grounds to challenge your arrest in court.

What Happens at a DUI Checkpoint in Los Angeles?

When you approach an LAPD sobriety checkpoint, you’ll likely see flashing lights, street cones, and a line of officers stopping vehicles. It may be an intimidating sight, but understanding what comes next can help prepare you. Here’s what happens at a DUI checkpoint:

  • Initial stop: Officers stop vehicles based on a predetermined pattern (e.g., every fourth car) and briefly speak with the driver
  • Basic questions: You’ll then be asked simple questions, such as “Where are you headed tonight?” and “Have you had anything to drink?”
  • Observation: Officers will look for signs of impairment. This includes slurred speech, erratic behavior, bloodshot eyes, and the smell or presence of alcohol.
  • Field sobriety tests (FSTs): If the officer suspects impairment, they may ask you to perform field sobriety tests. This may include a walk-and-turn test, a one-leg stand test, and a horizontal gaze nystagmus test that looks for involuntary jerking of the eyes when tracking a moving object.
  • Breathalyzer: The officer may have you perform a preliminary alcohol screening (PAS) test. This involves blowing into a breathalyzer device that reads your blood alcohol level.

Know Your Rights at a Los Angeles Sobriety Checkpoint

No matter what happens at a DUI checkpoint, it’s essential to know your rights. You’re not legally obligated to answer every question or perform certain tests, and you may unnecessarily incriminate yourself by doing either.

Here are your DUI checkpoint rights:

You Have the Right to Remain Silent

You are not required to answer questions like “Have you been drinking?” Instead, politely saying, “I prefer not to answer” is entirely within your legal rights. Volunteering information can be used against you later, so it’s wise to keep your answer minimal and avoid admitting to any alcohol consumption.

You Can Refuse Field Sobriety Tests (FSTs)

FSTs are voluntary under California law. You are not legally required to take them, and refusing them does not automatically incriminate you unless you’re under 21 or on DUI probation. These tests are highly subjective and do not necessarily prove anything if failed, but prosecutors could use the results against you.

You May Decline a Preliminary Alcohol Screening Test (PAS) in Certain Situations

If you are 21 or older and not on probation, you can decline a breathalyzer test at DUI checkpoints in California. These tests can be inaccurate due to improper administration or calibration issues. However, if you are lawfully arrested for DUI, you are legally required to submit a post-arrest chemical test or face enhanced penalties under California’s implied consent law.

You Can Legally Turn Around Before Reaching a Checkpoint

It’s legal to avoid California DUI checkpoints by turning down a side street or taking another route, provided you do so safely and without violating traffic laws. Law enforcement officers can’t stop you solely for avoiding a checkpoint location, but they may attempt to follow you if they observe any suspicious behavior.

What Happens if You Get Arrested at a DUI Checkpoint?

When arrested at a sobriety checkpoint in Los Angeles, you will be taken into custody, and your vehicle may be impounded. You will then be scheduled for a court appearance and face a DMV administrative hearing, which can lead to a license suspension. Stay calm during the arrest and ask to contact a criminal defense attorney right away.

Consequences of a DUI conviction can include:

  • Fines and court fees
  • Driver’s license suspension
  • DUI education programs
  • Probation
  • Jail time

Fortunately, an arrest doesn’t necessarily mean a conviction. An experienced DUI attorney can enforce your rights and work to have your charges reduced or even dismissed.

How a Los Angeles DUI Attorney Can Challenge Your Arrest

At the Law Offices of Justin E. Sterling, our experienced DUI attorney can aggressively scrutinize every aspect of your arrest and build a powerful defense. Our approach includes:

  • Challenging legality: Some Los Angeles DUI checkpoints do not meet all legal requirements. If the checkpoint didn’t have public notice, followed a discriminatory stop pattern, or had insufficient supervision, we may be able to contest your arrest.
  • Questioning officer observations: Many indicators of impairment are subjective and don’t prove alcohol consumption. For instance, slurred speech or glassy eyes may have a medical explanation.
  • Examining test accuracy: Breathalyzers and blood tests must meet strict calibration and procedural standards. Any errors may render the results unreliable.

Contact a DUI Defense Attorney in LA Today

If you’ve been arrested at a Los Angeles sobriety checkpoint, time is of the essence. The sooner you contact an experienced California DUI attorney, the better equipped you are to protect your rights. The Law Offices of Justin E. Sterling offers aggressive, personalized defense to every client. Contact us today for your free consultation.