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Are Sobriety Checkpoints Legal in California

Posted By Joel Smith in Criminal & DUI
Are Sobriety Checkpoints Legal in California

A sobriety checkpoint is a roadblock set up by law-enforcement officers to stop vehicles passing through a checkpoint. They generally check every third or every tenth vehicle that passes through the checkpoint. The checkpoint is set up to catch drivers who have been driving under the influence.

Are sobriety checkpoints legal in California? Are they unconstitutional? Do the intrusive checkpoints violate individual liberties? You will know the answers to these questions in this article.

Sobriety Checkpoints in the Legal Context

Sobriety checkpoints do seem to be in violation of public rights. In fact, a lot of civil lawsuits have been filed for the seemingly intrusive roadblocks. At first glance, they do seem to violate the Fourth Amendment's protection from unreasonable searches.

A state court in the 1990s had agreed with the drivers deeming these searchers illegal. However, later the Supreme Court had overruled the judgment, stating that they were a necessary means of protection against drunk drivers.

During the same year, the National Highway Traffic Safety Administration (NHTSA) released recommended guidelines during a Sobriety roadblock. The law-enforcement officers must follow these guidelines for the roadblocks to be deemed legal. These guidelines deal with issues such as operation, location, and the extent of discretion to act against drivers.

Driver's Rights at a Sobriety Checkpoint

You should act with caution at a sobriety checkpoint. Keep in mind that drivers don't have the right to avoid a checkpoint. In case you are approaching a checkpoint, you should avoid turning around or taking a detour. The police have the right to chase you and ask why you were avoiding the checkpoint. Even if you have been making a legal turn, the officer has the right to stop you for questioning.

In some states, you do have the right to reject a sobriety test including a Breathalyzer test. However, in California rejecting a sobriety test is an admission of guilt. The penalties for refusing to take a sobriety test can result in suspension of the driving license. Also, you could be imposed a fine of $125 for refusing to take the test.

While the officer has the right to stop you for a sobriety test, the officer cannot detain you at a checkpoint without a reasonable suspicion. The officer also cannot search your vehicle without a probable cause. In case you have been detained illegally by an officer, you have the right to take legal actions.

Conclusion

Sobriety checkpoints are considered legal by the US Supreme court. They are important to prevent the incidence of drunk driving. However, the officer must act within the legal bounds when carrying out the sobriety check.

If you have reason to believe that you have been mistreated at the Sobriety checkpoint, you should contact a DUI defense attorney to know your legal options. Our Inland Empire DUI defense lawyers can offer you expert counsel and advice regarding all types of impaired driving cases.

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Joel Smith


Joel Smith is a lead SEO representative helping clients boost their online business presence. ... View full business profile here: Joel Smith





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