Sobriety Checkpoints
Make no mistake, sobriety checkpoints are legal and they are a favorite tactic amongst law enforcement officials. If you are arrested at a Fresno sobriety checkpoint, appoint a Fresno DUI attorney immediately to review your case.
Although sobriety checkpoints are legally permissible, the California Supreme Court has heavily regulated their use. Law enforcement departments must follow very strict guidelines in regards to their placement, time of use, safety conditions, etc. If your Fresno DUI lawyer finds that individual police officers violated any of the sobriety checkpoint regulations your case can and will be dismissed.
The eight sobriety checkpoint regulations are as follows:
- 1. Checkpoints must be set up by supervisors, not officers in the field.
- 2. A neutral, randomized mathematical formula must be applied to the system of stopping motorists.
- 3. Checkpoints must be safe for motorists with proper lighting, warning signs, and signals.
- 4. Checkpoints must be located in an area known for a high number of DUI accidents or arrests.
- 5. Law enforcement officials must use prudent judgment with regard to the timing and duration of a sobriety checkpoint.
- 6. A roadblock must be clearly visible with warning signs, flashing lights, adequate lighting, police patrol vehicles and the presence of uniformed officers.
- 7. Police conducting sobriety checkpoints may not detain drivers longer than the brief time it takes to notice any signs of impairment.
- 8. Although the exact location of the checkpoint does not have to be disclosed, law enforcement must provide advanced notice of a sobriety checkpoint to the public.
Be advised that you do have the right to refuse to drive through a checkpoint. But even if you were arrested at a sobriety check point, your arrest does not have to result in a conviction. Contact the law offices of the Fresno DUI attorney today for an immediate consultation.