Although unreasonable searches and seizures are prohibited by the Fourth Amendment of the U.S. Constitution, the courts have repeatedly upheld the validity of sobriety checkpoints if they follow certain guidelines. In order to be constitutional, Los Angeles DUI sobriety checkpoints must adhere to protocol established by the U.S. Supreme Court and the California Supreme Court.

Fighting a Los Angeles DUI arrest that occurred at a DUI checkpoint involves learning as much as possible about the roadblock. An experienced Los Angeles DUI attorney will use the pretrial discovery process to gather as much information as possible about your sobriety checkpoint arrest and determine the most effective challenges. Information that is relevant in a Los Angeles DUI sobriety checkpoint case includes:

• The names of the officials who were responsible for selecting the site and procedures used at the roadblock
• The names of all law enforcement personnel involved in the sobriety checkpoint, both sworn and civilian
• All memos, reports and diagrams used in planning the roadblock
• Any reports detailing the criteria used by police to determine whom to stop at the sobriety checkpoint
• The names of every person arrested at the sobriety checkpoint, because your Los Angeles DUI attorney may need to interview them to determine whether police followed the proper protocol in every stop.
• The length of time each driver was stopped at the roadblock
• Procedures used by police to ensure that the safety of drivers was their paramount concern
• Who conducted field sobriety tests and where they were performed
• Who conducted chemical tests and where they were given.
• How the location, timing and duration of the roadblock was determined
• How police gave the public advance notice of the checkpoint
• Whether the sobriety checkpoint had warning signs, lights, and uniformed officers
• Whether drivers were able to avoid the roadblock without being detained

Once all of the information about the sobriety checkpoint has been gathered, your Los Angeles DUI attorney will analyze the data and discover any discrepancies between the guidelines established by the courts and the officers' actual actions. If the police did not follow all established protocol, and had no probable cause to stop you, your Los Angeles DUI attorney will move to have any evidence gathered there excluded.

The motion to suppress filed by your Los Angeles DUI attorney will include any evidence related to your stop and arrest, including any statements you made and the results of your chemical tests. Field sobriety tests and chemical tests, where a breath, blood, or urine sample is taken, are considered a seizure for Fourth Amendment purposes. Your Los Angeles DUI attorney will argue that without a warrant or probable cause, that evidence should be suppressed. The prosecutor then must prove that your search and seizure was the product of a lawful arrest.

If the sobriety checkpoint where your Los Angeles DUI arrest occurred was not conducted according to the guidelines outlined by the courts, then police need probable cause to stop and arrest you without a warrant. Probable cause means that the facts the officer is aware of would lead anyone in a similar situation to believe that you were guilty of a crime. The officer must be able to articulate why he or she ordered you to stop and why you were ordered to get out of your vehicle.

The standard of probable cause applies to every stage of your encounter with the officer, including your performance on field sobriety tests, your chemical test, and the arrest itself. If there was no probable cause a warrantless search and seizure occurred, and the court will likely grant your motion to exclude the evidence gathered during the roadblock.

Ultimately, the evidence against you in your Los Angeles DUI arrest can be challenged if it was gathered at an improperly conducted sobriety checkpoint. The first step is to consult with a Los Angeles DUI attorney to learn more about your options in fighting your California drunk driving case.