California DUI Checkpoints
Attorney Richard Wagner defends clients arrested for drunk driving or DUI drugs and stopped at DUI checkpoints. After you have been arrested for DUI, the prosecutor files a complaint with the court.
The prosecutor can charge you with violating Vehicle Code Sections 23152 (a)(b)(c)(f) or (g) and possibly other vehicle code offenses.
Before you enter your plea at your arraignment, it is highly recommended you have a free consultation with DUI Lawyer Richard Wagner.
DUI lawyer Richard Wagner challenges the legality of your arrest and detention by filing motions in court, based on the Fourth Amendment to the United States Constitution.
The prosecutor must prove that the checkpoint conformed to guidelines set by the California Supreme Court.
Are DUI Checkpoints Legal in California?
(1) Whether the decision to establish a sobriety checkpoint, the selection of the site, and the procedures for the operation are made and established by supervisory officers;
(2) Whether motorists are stopped according to a neutral formula, such as every third, fifth or tenth driver;
(3) Whether adequate safety precautions are taken, such as proper lighting, warning signs, and signals, and whether clearly identifiable official vehicles and personnel are used;
(4) Whether the location was determined by a policymaking official, and was reasonable, i.e., on a road having a high incidence of alcohol-related accidents or arrests;
(5) Whether the time was conducted and its duration reflect “good judgment” on the part of law enforcement officials;
(6) Whether the checkpoint exhibits sufficient indicia of its official nature (to reassure motorists of the authorized nature of the stop);
(7) Whether the average length and nature of the detention are minimized; and
(8) Whether the checkpoint is preceded by publicity.
As California Supreme Court Justice Broussard stated, “the Fourth Amendment is highly inexpedient to law enforcement … I see no basis for distinguishing a drunken driving roadblock from any other mass detention …”
Experienced DUI Attorneys identify the crucial parts of your DUI defense regardless of your blood-alcohol level, so-called signs of impairment like slurred speech or alleged results on field sobriety tests.
The purpose of the Fourth Amendment is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials.
With the right DUI Defense Attorney looking for the right evidence in your favor, your attorney can make the case that the police officers illegally stopped you at an unconstitutional roadblock and subjected you to a warrantless search and seizure.
Are there any DUI Checkpoints Tonight?
Orange County DUI Checkpoints Alerts – Recent DUI Checkpoints in Orange County, California
California DUI Checkpoint Locations – DUI Sobriety Checkpoints Locations on Facebook
Los Angeles DUI Checkpoints Alerts – Recent DUI Checkpoints in Los Angeles County, California
Riverside DUI Checkpoints Alerts – Recent DUI Checkpoints in Riverside County, California
San Bernardino DUI Checkpoints Alerts – Recent DUI Checkpoints in San Bernardino County, California
The primary purpose of the checkpoint must be to prevent and deter conduct that could injure people or damage property.
The Supreme Court has never approved a DUI sobriety checkpoint whose primary purpose was to detect evidence of ordinary criminal wrongdoing.
Having a secondary purpose of keeping drivers under the influence off the road does not make such a checkpoint Constitutional.
Call (714) 721-4423 Now For Help … Probably the most troubling thing about a DUI conviction is the effect on your criminal record and driver’s license. A top-notch DUI defense attorney gives you your best chance of avoiding both. You are invited to meet with Richard Wagner for a free, no-cost DUI Consultation and DUI Case Evaluation and explore options for fighting your DUI.