As you are driving in San Diego, perhaps back home after a night out, you see the flashing lights and signs ahead that read, “Sobriety Checkpoint.” It is expected that anxiety will set in, and you will be confused about what to do next, especially if this is your first encounter. DUI checkpoints set up by law enforcement are officially established to discourage impaired driving and keep everyone safe on the road. However, their efficacy and the driver’s rights remain controversial.
The San Diego DUI Attorney team understands the complexities of DUI checkpoints. In this article, we explore the legality of the checkpoints, what rules the police have to follow, your rights, and the potential consequences of driving under the influence (DUI) checkpoints. We also understand that being stopped at a DUI checkpoint and subsequently charged can be overwhelming and confusing. Therefore, reach out to us for legal assistance.
Understanding DUI Checkpoints in San Diego
The DUI checkpoints involve a complex interplay of technological, social, and legal factors. Sobriety checkpoints have caused considerable controversy, from smartphone applications alerting drivers to checkpoint locations to the historic disproportionate impact on particular communities and the strict laws governing their operation.
Police officers can set up sobriety checkpoints, but this authority is not absolute. They must abide by the California Supreme Court’s ruling in the case of Ingersoll v. Palmer (1987). The legal DUI checkpoint requirements were designed to ensure checkpoints are conducted orderly and are minimally intrusive to protect citizens from unreasonable search and seizure. For a sobriety checkpoint to be legal, it must follow the guidelines from the ruling:
- The decision to implement a checkpoint and the operational plan must be decided by high-level supervisors, not officers in the field.
- Officers must have a neutral formula for stopping cars. For example, stop every third or every fifth car. This prevents arbitrary stopping.
- The checkpoint’s location should not be random and should be prescribed, considering safety factors. That is, it must be well-lit, with adequate signage notifying the presence of a checkpoint and a safe exit lane for those who want to avoid the checkpoint.
- The location chosen for the check must be reasonable based on evidence of effectiveness, for example, an area where a high incidence of DUIS happens.
- Checkpoints have to be reasonably timed and of a duration corresponding to when drunk driving is likely to occur. They should detain more drunk drivers while minimizing the detention of compliant drivers.
- The motorist should identify the checkpoint as a police operation. To this end, marked police vehicles must be present and readily apparent. Further, officers must be in uniform, and there should be other indicia of official police nature present.
- Police must give advance notice of the existence of the checkpoint, usually through a press release or media advisory.
- The first stop should be short and straightforward, generally to look for signs of impairment unless reasonable suspicion arises that warrants further investigations.
If the police do not follow these rules, the checkpoint becomes illegal and unconstitutional, and evidence will be suppressed.
The Controversies Around DUI Checkpoints
The emergence of smartphone apps like Waze has fundamentally changed how drivers interact with DUI checkpoints, fueling a contentious debate. Drivers can report checkpoint locations, generating real-time alerts warning others to reroute ahead. The police expressed concern that the alert sent from the DUI checkpoint apps reduces the deterrent value of the checkpoints. They believe that impaired drivers could drive, thus enhancing the risk of drunk driving accidents.
On the other hand, many drivers believe these apps are valuable tools for staying aware of traffic and avoiding unnecessary delays. After all, what is the problem with sharing publicly available information? Reporting checkpoint locations in California is legal and generally considered free speech.
Before the passage of AB 353, police would often impound the vehicle of a driver at a sobriety checkpoint if that driver could not provide a valid driver’s license, even if there was no suspicion of driving under the influence. Many complaints and lawsuits were made, arguing that the practice was discriminatory against specific communities, including undocumented immigrants who have a harder time getting a license. Some argued that the revenue from the towing and storage fees gave them a reason to impound cars.
In 2012, Assembly Bill 353 was passed to stop this practice at sobriety checkpoints. The intention was to ensure that these checkpoints are not used, as they would be used for broad sweeps where people are arrested or cited just for not having a license. The legislation requires officers to attempt to identify the registered owner and release the vehicle to the owner or another licensed driver rather than impound it when the only violation is the lack of a valid driver’s license.
What to Expect During a San Diego DUI Checkpoint Stop
When you know the DUI checkpoint procedure, it can help reduce your anxiety. The checkpoint process will be methodical if the Ingersoll standard is valid.
As drivers approach the checkpoint, signs state, “DUI Checkpoint Ahead.” Traffic cones will direct traffic in the right direction. Marked police cars will also be present. A uniformed officer will signal drivers to stop briefly. During this first contact, the officer typically requests the driver’s license and registration. At the same time, officers will observe the driver for any symptoms of intoxication, such as:
- The smell of alcohol
- Slurred speech
- Red or watery eyes
- Fumbling around for documents
Drivers are generally let off immediately if no impairment is detected, usually in 30 to 60 seconds. However, if, during this conversation, the officer develops reasonable suspicion of impairment, the driver will be given instructions to pull over into a secondary screening area. This area is next to traffic lanes to avoid obstructing traffic flow. Here, a more detailed investigation occurs. The officer may ask you to do field sobriety tests (FSTs) and standardized physical coordination tests like the walk-and-turn or one-leg stand. Officers could also request you to submit to a Preliminary Alcohol Screening (PAS) test, which is a portable breathalyzer.
Finding Official DUI Checkpoint Announcements in San Diego
To access information about the DUI checkpoint in San Diego, rely on the official announcement. They are usually made public in advance in compliance with the Ingersoll v. Palmer ruling. You should check out the official website of:
- The San Diego Police Department (SDPD)
- The San Diego County Sheriff’s Office
- The local California Highway Patrol (CHP)
These agencies share this information via press releases or site updates, mostly via social media. Moreover, trusted local news agencies help spread these announcements to the general public. These media agencies often report the planned checkpoint locations and times. Relying on unverified, crowdsourced alerts without legal authority could mislead you. Always verify through the official channels to avoid misinformation.
Checkpoints are often scheduled for days that have higher use of impaired driving, like on weekends and holidays like New Year’s Eve.
Know Your Rights When Stopped at a San Diego DUI Checkpoint
You have certain rights and obligations when encountering a DUI checkpoint. If an officer asks you for your driver’s license, vehicle registration, and proof of insurance, you must show those documents. Otherwise, you might get a citation. Aside from these mandatory items, you have the constitutional right not to talk. You do not legally have to answer any incriminating questions about your alcohol consumption, like, “Where are you coming from and where are you headed?” You can simply say, “I would prefer not to answer any questions.” This statement is legally sufficient.
Field sobriety tests (FSTs) are exercises like walking in a straight line or following an object with your eyes. They are voluntary before an arrest has been made. You can also refuse to participate. Refusing prevents you from giving the officer subjective evidence against yourself, although the officer could still arrest you based on other evidence, like slurred speech or the smell of alcohol. Nonetheless, given the ability of poor performance on FSTs to significantly bolster the prosecution’s case, declining is generally considered the safer option unless you are entirely confident in your sobriety.
The PAS test, which is essentially breathing into a handheld device at the scene, is also voluntary pre-arrest for drivers 21 and older who are also not on DUI probation. It is important to differentiate this pre-arrest PAS test from the chemical tests, usually blood or breath, given after a lawful arrest. The tests given to you after you are arrested will fall under California’s Implied Consent Law. Per this law, by driving, you agree to take tests if you are lawfully arrested for DUI. Declining a chemical test (blood or breath) after a lawful arrest comes with consequences from the DMV. When you decline the chemical test after a valid arrest, your license will be suspended for one year if it is a first offense, regardless of the outcome of any criminal case. Further, you will not be eligible for a restricted license during suspension.
You can refuse a search of your vehicle unless police have probable cause, for example:
- They see something illegal in plain view
- They have a warrant
If you are arrested, you can ask to speak to a lawyer, which is usually allowed once booked. During any checkpoint interaction, staying calm and polite is important, as being aggressive can unnecessarily escalate the situation. Asserting your rights firmly but politely helps protect your legal rights and minimize conflict.
Crimes Leading to Arrest at Sobriety Checkpoints
Although the goal of sobriety checkpoints is to detect and deter DUI offenders, you can be arrested for a number of other violations found during these stops, particularly:
Driving Under the Influence
Driving while drunk or under the influence of drugs can lead to your arrest at the checkpoint. It is against the law under California Vehicle Code Section 23152 to drive:
- Under the influence of alcohol (VC 23152(a))
- With a blood alcohol content (BAC) of 0.08% or more, which is a violation of Vehicle Code Section 23152(b). For commercial driver’s license holders or CDL licensees, the legal limit is a BAC of 0.04%. Exceeding this will result in charges under VC 23152(d).
- Under the influence of any drug (VC 23152(f))
- Under the influence of both alcohol and drugs (VC 23152(g))
DUI With a BAC of 0.01% or Higher While on DUI Probation
If your blood-alcohol concentration is 0.01% or higher while you are on DUI probation, you will be violating VC 23154. It is against the law for you to drive while on DUI probation. This is a strict “zero tolerance” policy for those with prior DUI offenses.
Driving Under the Influence Causing Injury
If you are under the influence and driving a car, and you commit a traffic violation while driving, and your negligent act causes bodily injury to someone, you can be arrested for a felony DUI under Vehicle Code Section 23153.
Driving With a Suspended or Revoked License
Likewise, if your driver’s license has been suspended or revoked due to a prior DUI or for another reason, it is a crime under Vehicle Code Section 14601 to drive a car, which will result in your arrest.
No Valid Driver’s License (With Aggravating Factors)
Although Assembly Bill 353 (CVC 2814.2) makes it illegal to impound your car just because you do not have a license, you could still be arrested if there are other circumstances, such as:
- Prior convictions for driving without a license – You will be arrested if you are a repeat offender
- Outstanding warrants – You will likely be arrested if you have an outstanding warrant for any crime
Other Vehicle Code Violations
If the officer notices you violating other vehicle codes during your sobriety checkpoint stop, it can lead to your arrest. Some of these violations include:
- Possession of illegal drugs or open alcohol containers in the vehicle
- Driving without insurance
- Equipment violations that pose a significant safety risk
Outstanding Arrest Warrants
Police officers will likely arrest you if a routine check during the stop reveals an outstanding warrant against you for any crime.
Consequences After a Checkpoint Arrest for Driving Under the Influence (DUI)
Being charged and subsequently convicted of a DUI from a checkpoint stop can have serious repercussions. If it was a first offense, you could face:
- Fines of about $1,400 to $2,600
- Jail time of six months. However, judges prefer probation instead of jail time for first-time offenders. You could remain on probation for three to five years
- Mandatory enrolment and attendance in DUI education programs for between three and nine months
Along with the above-mentioned criminal penalties, the DMV could impose administrative actions, most notably suspending your driver’s license for six months. You can have a restricted license after 30 days of suspension. That said, a restricted license will require you to have an Ignition Interlock Device (IID) installed, especially if the BAC is .08% or higher. You will also incur installation costs for the IID of about $70 to $200 and ongoing monthly fees. You will likely need the IID for 6 to 12 months.
The collateral impact of a DUI conviction is severe. After a DUI conviction, your car insurance rates will likely double or triple, costing you thousands of dollars a year. Moreover, having a DUI or similar conviction on record can seriously hinder your chances for work, housing applications, and the ability to obtain specific licenses, especially in regulated fields like health care, education, or law. Moreover, you could be charged $200 to $500 when your vehicle gets impounded.
Notably, these consequences increase exponentially if you have prior DUIs within a ten-year timeframe or aggravating circumstances are present, like:
- A very high BAC above 0.15%
- Causing an accident
- Having a minor passenger (child under 14)
In these cases, arrests will trigger lengthy license suspensions, mandatory jail time, and extended IID mandates.
Challenging the Legality of a Stop at a DUI Checkpoint
An arrest at a San Diego DUI checkpoint is not necessarily valid. If law enforcement officers do not adhere to the strict rules set forth by the California Supreme Court in Ingersoll v. Palmer, you can legally challenge the arrest. According to this ruling, a checkpoint must meet several requirements to be constitutional. If any requirements were unmet, it could create grounds for a legal defense.
For example, you can challenge the legality of the checkpoint if the police department fails to issue a press release or put the public on notice. Similarly, if officers did not follow the pre-established neutral formula and instead randomly stopped vehicles, the stop could be held unconstitutional.
Seeking legal help from a qualified DUI defense attorney is crucial to challenging the legality of the stops since they form the basis for your DUI charges. Your San Diego DUI defense attorney can scrutinize the checkpoint practices, police reports, and video footage for violations. An attorney can properly raise these defenses to help secure reduced charges, if not an outright dismissal.
Common Questions About San Diego DUI Checkpoints
- Can Police Search My Car Without Any Reason Other Than The Checkpoint?
At routine checkpoints, police may have broader authority to make quick stops of vehicles than at routine traffic stops. Police officers usually cannot search your car unless:
- They have probable cause, which usually means they can see contraband, or
- You permit them to search
At checkpoints, though, the police operate under different legal rules. Lots of checkpoints are set up for checking for sobriety, licenses, and registration. During these brief stops, an officer may inspect your vehicle’s exterior and ask questions. Remember that unless at a checkpoint, your consent is key, and in most situations, you have the right to refuse a search of your vehicle without probable cause. Checkpoint stops are a unique exception to this rule of vehicle search.
- What Rights Do My Passengers Have?
Officers usually cannot detain or query passengers unless they have independent, reasonable suspicion related to them. Passengers also have the right to stay quiet, besides giving ID if legally requested.
- What Differentiates a Checkpoint From a Saturation Patrol?
Though both aim to curb impaired driving, they differ in execution. DUI checkpoints are stationary, while saturation patrols deploy police over a broader area to look for impaired drivers. A checkpoint sets up a specific place and stops cars often every few minutes to check drivers for drunkenness. They usually require public notice and clear rules, are meant to deter, and are more highly visible. Stops are not based on violations but on location, and only with reasonable suspicion can they warrant further action.
On the other hand, saturation patrols assign more officers to high-DUI areas to locate violations that indicate impairment. Detentions require reasonable suspicion, and public notice is not common. Their focus is apprehension through increased presence.
- How Far Down Do I Need To Roll My Window?
You only need to roll down your window enough to communicate with the officer and hand over your license, registration, and insurance. Usually, a few inches is sufficient.
- Can I Legally Turn Around To Avoid A Checkpoint?
Yes, you can certainly turn away from a checkpoint before the area where vehicles must stop. As long as the turn itself is legal (not an illegal U-turn), there should not be any issue. However, suddenly turning away from a checkpoint could raise an officer’s suspicion, and they can follow you to watch how you drive.
Find a San Diego DUI Attorney Near Me
Encountering a DUI checkpoint can be a disorienting experience. The flashing lights, the barrage of instructions, and the nervousness of potential legal repercussions can be overwhelming. At the DUI checkpoint, with such pressure, you can make a minor misstep during field sobriety tests and be suspected of being impaired even if you are sober.
It is important to remember that you have certain rights designed to protect you in these situations. One of the most vital is your right to counsel. Asking for a lawyer gives you help that helps you by knowing your rights during a sobriety check and what will happen next. Protect your rights and future with the help of a lawyer if you are at a DUI checkpoint. Contact the San Diego DUI Attorney at 619-535-7150.
