San Diego DUI Checkpoints Attorney
San Diego-area municipalities have been increasingly using DUI or sobriety stops in recent years to apprehend suspected drunk drivers. The substantial state grant money, proceeds from fines and additional penalty assessments from court convictions have encouraged city governments and the California Highway Patrol to continue expanding the use of DUI checkpoints.
Checkpoints are often set up on weekends throughout San Diego County, from Oceanside to Chula Vista. The use of checkpoints is not always legal, however. In 1987, following the Ingersoll v. Palmer ruling, the United States Supreme Court gave guidelines necessary before any law enforcement officer(s) could initiate a checkpoint.
When a DUI checkpoint arrest is challenged in criminal court, the judge will consider each of the following factors:
- The location chosen for the checkpoint
- Time and duration the checkpoint is operated
- Degree of discretion left to individual police officers
- Standards set by superior officers
- Whether advanced notice was given to the general public and approaching drivers
- Adherence to road safety conditions
- Length of time each driver is stopped and detained
Defending Your DUI Checkpoint Case
An experienced lawyer can help you evaluate whether your individual rights were violated and the appropriate next steps in your individual case.
Common problems with DUI checkpoints include:
- Police officers stopping and detaining drivers who turn off the road before going through an announced DUI roadblock. Making a turn, even if for the expressed purpose of avoiding the roadblock, is not illegal and is not a legitimate reason to stop and detain a driver. It is a violation of your rights, and I can file a motion to have the evidence collected after an illegal stop and arrest thrown out of your case.
- Breath testing with mobile breath test devices. Breath tests administered in the field may give faulty readings due to damage that can occur to the device in the field and the calibration of the device. I can challenge the reliability of the results on several grounds, including the requirements of Title 17 of the California Code of Regulations, which mandates that individuals being administered breath tests be observed by a police officer for a minimum of 15 continuous minutes prior to the test, which rarely occurs in any DUI arrest situation.
DUI checkpoints impose significant intrusions upon the general public. Their allowance in practice should be extremely limited. If you or a loved one was arrested on suspicion of drunk driving at a DUI roadblock in San Diego or surrounding areas, please call our team at The Law Offices of Mark Deniz APLC at 858-429-9982 right away.
Hire A Proactive San Diego DUI Attorney
Call 858-429-9982 to schedule a free case evaluation and initial consultation with our founding attorney, Mark Deniz. He will help you vigorously defend your rights, protect your driver’s license and determine if the government can prove its case.