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Sobriety Checkpoints
Sobriety checkpoints are temporary roadblocks on public streets or roadways designed to ensnare drunk drivers and cite others for violations of the vehicle code. The courts have established strict guidelines governing the operation of sobriety checkpoints. Anyone arrested for DUI at a sobriety checkpoint should contact an experienced California attorney who specializes in drunk driving defense to determine whether the checkpoint was operated according to these guide lines.
A sobriety checkpoint must be announced to the public in advance and set up by command law enforcement officers, not officers in the field. Vehicles must be selected using a neutral mathematical formula, and the checkpoints must be maintained safely for both police and motorists, have high visibility, and minimize the average time each motorist is detained.
If the driver does not display signs of impairment, such as slurred speech or watery eyes, he or she should be permitted to drive away. If the officer does observe signs of impairment, the driver may be directed to a separate area for a field sobriety test. At that point, further investigation must be based on probable cause, and general principles of detention and arrest would apply.
The Supreme Court has ruled that the primary purpose of a sobriety check point is not to discover evidence of crime or to make arrests of drunk drivers, but to promote public safety by deterring intoxicated persons from driving and endangering the public. Thus, a sobriety checkpoint roadblock serves a regulatory purpose and is not considered a criminal investigation roadblock, and no warrant is required.
The United States Supreme Court has held that a vehicle stopped at a roadblock is a considered a “seizure” under the Fourth Amendment. The Fourth Amendment protects everyone from unreasonable governmental searches and seizures. A Fourth Amendment seizure occurs “when there is a governmental termination of freedom of movement through means intentionally applied.” The question then becomes whether such seizures are reasonable under the Fourth Amendment. Courts have determined that not all roadblocks violate the Fourth Amendment right against unreasonable searches and seizures. In order to determine whether there has been a Fourth Amendment violation, courts apply a balancing test which weighs the government’s interests against the intrusiveness of the detention on the individual.
An experienced DUI / DWI lawyer will evaluate every aspect of the checkpoint to determine whether it meets the established guidelines. If the checkpoint was not operated properly, the attorney will argue that any evidence gathered during the stop was improperly obtained, and should be suppressed.
Case Results
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