DUI checkpoints are constitutional. Both federal law and California’s state constitution allow for sobriety checkpoints. Police officers may administer a variety of field sobriety tests, including breathalyzer tests, at a checkpoint. That said, you do not have to consent to a breathalyzer test or DUI chemical test at a checkpoint.
However, if you refuse one, you could face additional penalties. The police can still arrest you for a DUI, and they can obtain a warrant to conduct a DUI chemical test once you are in custody.
A Los Angeles DUI lawyer can explain whether DUI checkpoints are constitutional and work hard to get your DUI charges reduced or dismissed.
Federal and State Laws Regarding DUI Checkpoints
Understanding DUI checkpoint laws and your constitutional rights can help if you are stopped by law enforcement officers.
In 1990, the U.S. Supreme Court ruled that sobriety checkpoints are constitutional and do not infringe on a citizen’s Fourth Amendment rights. Furthermore, California law allows police officers to conduct DUI checkpoints.
Another important California law that comes into play is California Vehicle Code 23612, or the “implied consent” law. This states that by simply driving a vehicle in the state, you consent to participate in DUI checkpoints.
Right to Refuse DUI Tests
It’s important to note that you don’t have to consent to a breathalyzer test or blood test at a checkpoint. All you have to do is stop at a DUI checkpoint and cooperate with law enforcement officers by providing your license, vehicle registration, and proof of insurance.
Keep in mind that if you refuse a DUI chemical test at a checkpoint, the police have the right to arrest you under California Vehicle Code 23152(a). They can also obtain a warrant to administer a blood test or breathalyzer test once you are in custody.
A skilled DUI defense attorney can explain whether DUI checkpoints are constitutional and how you should conduct yourself during one. With a criminal defense attorney on your side, you’ll have the information and representation you need to deal with any impaired driving charges.
Understanding Felony DUI Charges
When learning about whether DUI testing and DUI checkpoints are constitutional, it can be helpful to understand how felony DUI charges may impact your situation.
Without a warrant, the police cannot force you to submit to a DUI blood test or other form of sobriety chemical test unless you face DUI felony charges.
In that case, law enforcement officers can force a blood test even if they cannot obtain a warrant quickly. Part of the reason behind this is that your blood alcohol concentration (BAC) level will begin decreasing as time passes. A DUI would be a felony in any of the following cases:
- Your DUI case involves bodily injury or death to someone
- Within the past ten years, you accumulated three or more DUI or wet reckless convictions
- You have a prior DUI felony conviction
You Can Face Additional Penalties if You Refuse a Field Sobriety Test at a DUI Checkpoint
In California, refusing a breathalyzer test or blood test at a DUI checkpoint comes with its own set of penalties separate from any DUI charges you face. Take a look at the following consequences of refusing a sobriety test:
- You face automatic license suspension for up to a year.
- Your auto insurance rates will likely increase.
- The prosecutor may try to use your refusal as an admission of guilt during a trial.
- The prosecutor may argue for a harsher sentence if you are convicted of a DUI, such as increased fines and jail time.
While it may seem advantageous to refuse a breathalyzer or other chemical test at a DUI checkpoint, you have to consider these additional penalties. Reach out to an attorney to learn more about whether DUI checkpoints are constitutional and the downsides of refusing a DUI test.
Defense Strategies a DUI Defense Lawyer Can Use if You Refused a Test
If you refused a chemical test at a DUI checkpoint, your attorney can utilize a few defense strategies during your DUI case. For example, some people suffer from medical conditions, such as a heart condition that requires them to take blood thinners, which could explain why they would refuse blood tests.
Improper Administration of Field Sobriety Test
Furthermore, the conditions under which you were given a field sobriety test or breathalyzer test may have violated your rights. Police officers must conduct these tests in a certain way for them to be legally admissible.
For instance, they must remain still when conducting field sobriety tests, such as the One-Leg Test or the Walk-and-Turn Test, so they do not distract a person from performing the test.
Other Explanations
Even if you did take and fail a field sobriety test or chemical test, there may be explanations for it. For example, certain diets and medical conditions, such as acid reflux, can cause a false positive on a breathalyzer test. If you were wearing high heels or were on uneven pavement when performing a field sobriety test, this could also account for a failure.
How a DUI Defense Attorney Can Help You
Whether you’re wondering if DUI checkpoints are constitutional or if you’re facing charges for driving under the influence of alcohol, an attorney can help. A lawyer can provide the information and advocacy you need to understand your situation and combat any charges you’re facing.
Here’s how a skilled attorney can help you:
- Offer a free consultation and advise you on your constitutional rights
- Answer any questions you have about drunk driving checkpoints, constitutional protections, and traffic law, so you can make informed decisions
- Communicate with police officers, prosecutors, and other law enforcement officials on your behalf
- Investigate your DUI arrest and gather evidence for your defense case
- Negotiate with prosecutors to get a fair plea deal
- Represent you in court and fight to protect you from serious penalties
While impaired drivers pose a threat to public safety, every person charged with a DUI deserves experienced representation. Reach out to Los Angeles DUI Lawyer today to get connected with a skilled defense attorney and learn more about whether DUI checkpoints are constitutional or if they violate your individual rights.
Reach Out to a DUI Lawyer in Los Angeles if You Received DUI Charges at a Sobriety Checkpoint
The best thing to do when facing DUI charges is to begin building your defense strategy with a lawyer. Whether you agreed to a field sobriety test or chemical test at a checkpoint or not, you could still be convicted of a DUI and face life-changing consequences.
A lawyer can explain whether DUI checkpoints are constitutional and investigate your arrest to develop the best legal defense. They can work toward the best possible outcome, which could be the dismissal of your charges or reduction of your sentence.
Contact Los Angeles DUI Lawyer to get connected with an attorney who can help.
