I Got Stopped at a DUI Checkpoint, What Do I Do Now?

Dec. 22, 2012 - PRLog -- It's the Christmas Season, and the Federal Government, through the National Highway Traffic and Safety Administration has funded more DUI Checkpoints than last season. What do you do if you get stopped at one? Do you throw your hands up and say you're dead in the water? NO!  There are many defenses to DUI Checkpoint Stops.

DUI Checkpoints have very specific Constitutional Guidelines that must be followed to be deemed Constitutionally  valid.

What are DUI Checkpoints? DUI checkpoints are temporary barricades used by law enforcement to catch individuals driving under the influence of alcohol and/or drugs. They follow the same guideline as roadside safety checks, license and registration inspection checkpoints.

DUI/Sobriety Checkpoints are one of law enforcement's ways of checking for DUI drivers. They also serve as a way to monitor driver's licenses and vehicle registrations. They are most prevalent during the holidays.

Typically DUI Checkpoints are set up to catch late night or early morning DUI’s since that is the time frame that has the highest percentage of drunk drivers on the road. Normally, officers stop every vehicle or vehicles at certain intervals to investigate if the driver is in fact driving under the influence.

Once stopped, the officer may ask permission to search your car. This means they do not have legal foundation to search your car and you may respectfully refuse.

If the officer orders you to exit your car, do so and then lock the door. They may ask you to take field sobriety tests. Field sobriety tests are voluntary. Meaning you may respectfully refuse to take the tests.

You may be asked to take a breath test to determine your blood alcohol content. Everyone who drives in California has given implied consent to a chemical test. A chemical test is breath, blood, or urine (if certain conditions apply). For a Sobriety Checkpoint, the test would be a breath test. You may refuse the breath test, but be warned, a refusal comes with serious consequences.

For more information regarding GPS Monitoring Devices, Bail Bond, Ignition Interlock Devices (IID), Calculate BAC, Marijuana DUI, DUI Info OC, and more, visit Orange County Drunk Driving Attorney Daryl B. Thompson at www.drunkdrivinglawyer.com. Call now for your free consultation at 1 (866) DUI-BUST.