The California legislature has enacted regulations to govern the actions of officers during a DUI checkpoint. Checkpoints are appearing more frequently these days in an effort for the Police Department to not only reduce the number of Drunk Drivers on the road, but to bring to the attention of the general public the consequences of a DUI. If procedures are violated by officers during a DUI arrest, your case may be dismissed.
When a DUI checkpoint is to be employed, there must be a warning given to drivers. Drivers must be put on notice prior to the checkpoint and not just stopped without knowing what the checkpoint is for. Additionally, there must be a turnout prior to the checkpoint, so that those drivers who chose not to proceed through the checkpoint do not have to. Those drivers who decide to turn around and go another route may not be stopped solely for having chosen to turn around.
The cars that are checked during the checkpoint must be in a random, impartial formula. It is permissible to stop every fifth car or so, but it would be in violation if officers stopped cars upon their choosing.sSafety conditions must be monitored at the checkpoint site, and the checkpoint must take place at a reasonable time, place and day. Finally, if detained, the length and nature of the detention must not be obtrusive.