Driving is a privilege in California. However, every driver has constitutional rights while operating a vehicle in the state. These rights don’t fly out the window once you’re stopped at a DUI sobriety checkpoint. To take advantage of your constitutional rights, it’s important to know and understand them.
Throughout this blog, we will explain the rights you have when you are stopped at a DUI checkpoint.
Freedom from unreasonable searches. This is the most important right you have at a DUI checkpoint. Freedom from unreasonable searches and seizures is covered in the Fourth Amendment of the U.S. Constitution.
DUI checkpoints are unique. Many people argue that they aren’t legal. They are. In fact, police and checkpoint advocates view them as a way to reduce the number of DUI-related crashes. They are different from a general traffic stop where police need a lawful reason to conduct a traffic stop.
Some drivers are allowed to drive through the checkpoint without stopping. Other drivers are stopped. The drivers stopped are asked to roll down their windows wide enough to speak to them. During this time, police are looking for signs of drunkenness like:
- Slurred speech
- Bloodshot eyes
- Smell of alcohol
Also, during this time, they will:
- Ask the driver questions
- Allow the driver to continue through the checkpoint
- Detain the driver
In situations where you are detained, know that police can’t lawfully search you or your vehicle without probable cause. Let’s say you enter a DUI checkpoint. The officer stops you. During your interaction, the officer notices that you have bloodshot eyes. The officer then asks you to undergo standardized field sobriety testing.
There are many valid reasons for having bloodshot eyes other than drinking alcoholic beverages. For instance, you have bloodshot eyes because you’re tired, not drunk. However, bloodshot eyes may give the officer probable cause and legal justification to search you or your vehicle.
You have the right to ask, “Am I being detained officer?” Police are required to let you go unless you are being detained for some legal reason. The answer should be yes or no. Sometimes an officer will give ambiguous answers to keep you without admitting you’re being detained or eventually arrested. However, you do have the right to ask.
You also have the right to remain silent. The Fifth Amendment gives you the right to avoid saying anything that may incriminate you later. Remember to be respectful to police. Comply with any request they make. Exercise your right to respectfully remain silent.
Were you arrested at a DUI checkpoint? A DUI conviction on your criminal record may not be a viable option for you. It can seriously affect your life by limiting your education and employment options. Luckily, a criminal conviction doesn’t happen in every DUI case in California. That’s why it’s vital to contact an experienced, knowledgeable DUI law firm like the Law Offices of Jonathan Franklin. Jonathan Franklin offers a free consultation to review your case and discuss the possible defenses.
Contact the Law Offices of Jonathan Franklin for a clear-cut assessment of your case, as well as possible defenses and strategies to achieve your best possible outcome so that you can move on with your life.
