Sobriety Checkpoints and DUI Defense

The probability of being stopped at a sobriety checkpoint in California is going to increase in 2010. According to The Office of Traffic Safety, eight million dollars has been allocated for law enforcement activities that deter driving under the influence of alcohol and drugs in California. This is an increase of three million dollars from 2009. The money will be used to fund the operation of sobriety checkpoints throughout California in the coming year. It is projected that there will be 2,500 checkpoints throughout the State in 2010. The OTS says that California conducts more sobriety checkpoints than any other State and declared 2010 to be “The Year of the Checkpoint”.

If you have been arrested for a DUI following a stop at a sobriety checkpoint, it is important to understand that not all sobriety checkpoints are “legal” in that not all checkpoints follow constitutional guidelines. The law requires that the agency operating the checkpoint follows a number of safeguards to protect individual liberties. The safeguards relate to the choice of location, advance publicity, lighting and warning signs, length of detention, formula to be followed in determining which cars to stop, and limits on the discretion of field officers.

If you have any questions about DUI defense in Los Angeles or Orange Counties, please contact Gold and Witham Attorneys at Law for a free case evaluation.