DUI Checkpoints
Our firm of Long Beach DUI attorneys understands that check points are a contentious issue in any DUI case.
Despite what you may have heard in urban legends, DUI check points are indeed quite legal and in fact are on the rise in California. But check points only work if citizens are ignorant about the law.
If you are stopped at a DUI check point, be aware of the following:
- You have the right to refuse to drive through a checkpoint. A police officer can not force you to drive through a check point, and legally speaking, a designated area should be available for you to turn your car around and find an alternate route to your destination.
- If you are over the age of 21 and you choose to stop at a checkpoint, you do not have to partake in a field sobriety test. Minors must take sobriety tests if asked, however they are not mandatory for drivers 21 and over.
- You have the right to keep your driver’s side window 3/4ths of the way rolled up. Obviously, the approaching officer will try to get as close to you as possible to smell your breath, watch your motor skills, and detect any other sign of being intoxicated. You have the right to keep your window partially rolled up with just enough room to hand the officer the necessary documents requested.
- If you give the officer probable cause to assume that you are intoxicated---meaning that you seem distracted or that you cannot do two things at once---the officer has the right to ask you to step out of your vehicle. In this instance, legally you must follow instructions and step out of the vehicle.
Your DUI arrest does not have to result in a conviction if you hire a skilled attorney. Contact our team of Long Beach DUI lawyers today.