You can‘t refuse a DUI checkpoint in California. California wants to keep its drivers and pedestrians safe from impaired drivers. To promote this agenda, law enforcement uses DUI checkpoints to assess motorists and remove drunk drivers from the roads. Sometimes, drivers do not want to stop or submit to a field sobriety test.
While drivers may not have to submit to certain checkpoint procedures if they have not been arrested for driving under the influence (DUI), refusing to stop at the checkpoint can have legal consequences. You can learn more from a Los Angeles DUI lawyer, but in the meantime, let’s take a look at the rules.
The Purpose of DUI Checkpoints
DUI checkpoints, also called sobriety checkpoints, are traffic stops that allow law enforcement officers to identify and arrest intoxicated drivers. The sobriety checkpoint inspection stops are intended to take impaired drivers off the roads to keep drivers and pedestrians safe.
They are also used as a deterrent. If a person fears being “caught” when driving under the influence of alcohol or drugs, they may avoid getting behind the wheel.
Can You Refuse a DUI Checkpoint in California?
Under California Vehicle Code 2814.2(a), you can’t refuse a DUI checkpoint in California. At the checkpoint, an officer will ask the driver to roll down the car window and ask to see their license and registration. Then, the officer will attempt to engage the driver in conversation as a way of assessing potential impairment.
Drivers who do not stop and comply with a police officer’s instructions can be charged with obstruction of justice or DUI if they show signs of impairment.
If drivers do not show signs of impairment, they must be permitted to move along without additional delay. Officers can only ask drivers to pull over for further evaluation if there is probable cause or reasonable suspicion of impairment.
Are California DUI Checkpoints Legal?
DUI checkpoints are legal under California state law and the United States Constitution. California’s Supreme Court recognizes DUI checkpoints as “administrative inspections” comparable to airport security screenings. In other words, you can’t legally refuse a DUI checkpoint in California.
That said, the checkpoints have to meet specific standards. If they do not, drivers who are stopped and arrested at the checkpoint may have grounds to challenge that arrest. If you have questions about the legality of your field sobriety test, contact a defense attorney in Los Angeles right away.
Law enforcement agencies must act according to the following rules when implementing DUI checkpoints for intoxicated driving:
- Supervising officers make all operational decisions and oversee all checkpoints
- Police officers must use a neutral standard for stopping motorists. For example, stops cannot be based on race, gender, or car model. Instead, a neutral system, such as stopping every third or fourth car, must be followed
- The checkpoint location must be reasonable. It has to be in an area known for drunk driving accidents or arrests
- Safety precautions, such as flashing lights, warning signs, and visibility gear to ensure drivers can see law enforcement officersÂ
- Motorists should not be stopped for more time than is needed for law enforcement to ask questions and check for signs of impairment
- Roadblocks must be advertised to the public through news outlets and law enforcement websites prior to its implementation
You Can Turn Around to Avoid a DUI Checkpoint
While you can’t refuse a DUI checkpoint in California, you can avoid an upcoming checkpoint by turning around. Since law enforcement usually provides ample warning of the checkpoint, drivers should have the opportunity to avoid it safely.
Officers may not stop a motorist simply because the motorist chose to avoid the checkpoint. However, officers can stop the driver for other reasons.
For example, if the driver violates traffic laws while turning around, has a vehicle defect such as a broken tail light, or demonstrates behaviors consistent with intoxication, they can be pulled over.
What Kinds of Tests Might Be Administered?
You can’t refuse a DUI checkpoint in California. In fact, tests may be administered if you are stopped at a checkpoint. Police officers may use the following tests to determine if you are under the influence of drugs or alcohol:
- Field Sobriety Tests (FSTs): These are a series of physical coordination tests like walking heel-to-toe in a straight line, standing on one leg, and turning slowly in a circle. Officers observe for signs of impairment.
- Preliminary Alcohol Screening (PAS) Test: Drivers blow into a portable breathalyzer to obtain a preliminary blood alcohol concentration reading. A reading over the legal limit of 0.08% leads to further testing.
- Standardized Field Sobriety Test (SFST): This full battery of tests includes the Horizontal Gaze Nystagmus (HGN) test to check eye movements, the one-leg stand, and walk and turn. It provides measures of impairment.
- Breathalyzer Test: At the station, an Intoxilyzer breath test yields an evidentiary breath alcohol concentration reading used for prosecution.
Through a combination of observations and standardized tests, officers aim to determine if a driver shows signs of being under the influence of alcoholic beverages over the limit provided by legal guidelines. Different tests are administered as impairment suspicion increases.
Accuracy of Field Sobriety Tests Can Vary
Law enforcement officers will put you through a battery of field sobriety tests before they take your blood alcohol concentration. This adequate safety precaution will aid them in deciding if they have sufficient grounds to arrest you for driving under the influence.
The reliability of these field sobriety tests is frequently questioned, much as that of various blood alcohol tests. Though they are designed for the good of public safety, to put it bluntly, they can be inaccurate.
- The Horizontal Gaze Nystagmus Test had the highest accuracy rating of 77%, according to the National Highway Traffic Safety Administration (NHTSA)
- The One Leg Stand Test was rated at 65% accuracy
- The Walk and Turn Test was rated at 68%.
This shows that field sobriety exercises aren’t always reliable. There are a lot of reasons why these field sobriety exercises aren’t as reliable as blood alcohol testing. Among these are:
- It is possible that the officer may not follow the correct screening procedure or wrongly administer a test.
- Concern about being subjected to a humiliating public test
- Possible underlying health issues that the officer does not know about
If a field sobriety test was used to falsely accuse you of driving under the influence, you may have a solid defense case. A criminal defense lawyer can assist you in constructing a defense that will increase the likelihood of a lighter sentence or even dismissal of the charges.
Can Drivers Refuse DUI Tests at a Sobriety Check Station?
While you can’t refuse a California DUI checkpoint, you can refuse to take a field sobriety test, pre-arrest blood alcohol content (BAC) test, or cheek swab test. Such tests are optional and can be refused without penalty.
This refusal, however, does not mean the driver cannot still be arrested for DUI based on other obvious signs and DUI indicators.
These other indicators may include:
- The smell of alcohol or marijuana
- Slurring words
- Demonstrating delayed or clumsy movements
- Having trouble answering basic questions
- Struggling to locate license and registration
- Drug paraphernalia visible in the car
- Having alcohol or drugs in plain sight in the vehicle
Keep in mind, though, that drivers who refuse post-arrest DUI breath tests or blood screens do face penalties, including a one-year driver’s license suspension.
Your Rights at a DUI Checkpoint
When encountering a DUI checkpoint in California, knowing your legal rights is important. While you must stop and comply with basic requests like showing your license and registration, you are not obligated to answer incriminating questions.
Knowing how to interact with law enforcement at these checkpoints can significantly impact the encounter’s outcome.
The DUI Arrest Process in California
Understanding the arrest process is important. This includes knowing the steps from the moment of arrest to booking and the role of chemical testing in determining your blood alcohol content (BAC). This section will guide you through the process, helping you understand what to expect and how to respond.
An attorney can answer any questions you have about the arrest process, your case, and whether you can refuse a DUI checkpoint in California. They’ll help you explore common defense strategies, advise you on your constitutional rights, and guide you through the legal process.
Facing Charges for a DUI Checkpoint Arrest? We Are Here to Help
If you were arrested at a DUI checkpoint and are facing charges, contact us right away. Your criminal defense attorney will investigate the situation to determine whether officers acted within California law and upheld your rights.
Whatever your specific situation, you can count on the Los Angeles DUI Attorneys to connect you with a lawyer who will protect your best interests. Schedule a free consultation today to get matched with a lawyer and find out if you can refuse a DUI checkpoint in California.
