When dealing with DUI checkpoint detentions you must keep in mind that the stop has been made without probable cause or any reasonable suspicion that the driver was driving under the influence, or otherwise violating the law. Most Americans are familiar with the basic concepts set fourth in the Fourth Amendment to the United States Constitution that protects the rights of individuals from unreasonable search and seizures. In general the Fourth Amendment prevents law enforcement from stopping anyone unless there is some evidence (reasonable suspicion or probable cause) that a crime has been committed. As with any rule there are many exceptions to the Fourth Amendment’s protections and DUI checkpoints fall within these exceptions if done properly.

Courts have long held that there is a diminished expectation of privacy when engaged in highly regulated activity. Driving has been found to be one of these highly regulated activities that allow law enforcement greater leeway. This does not mean that the police have the green light to stop anyone whenever they want. Police still require some evidence of a crime or vehicle code violation to stop you unless they are conducting a DUI or Sobriety checkpoint within the rules set forth by the courts.

The California Supreme Court established eight guidelines that must be used to determine the validity of a DUI or Sobriety checkpoint. These guidelines are often referred to as the “Ingersoll” guidelines after the Supreme Court case Ingersoll v. Palmer.

The following guidelines govern the validity of a DUI checkpoint stop:

1. All decision making (e.g., location, duration, screening procedures, etc.) must be made at the supervisory level.

2. There must be limits on the discretion of field officers. For example, field officers may not change the formula regarding which vehicles are to be stopped. While the formula may change, depending on traffic flow, the decision must be made by supervisors.

3. There must be strict guidelines regarding the maintenance of safety conditions, such as: proper lighting, warning signs, signals, clearly marked and identifiable police vehicles and police personnel, screening procedures based on traffic conditions, ample off road/shoulder area for screening and Field Sobriety Tests (FSTs).

4. The checkpoint must be established at a reasonable location. Once again, the decision making must be made at the supervisory level. The location must be one that will be effective in meeting the goal of deterrence. The location must be one that reflects a high incidence of alcohol-related traffic collisions and/or arrests. The location must be permanent in nature. It is not permitted to move from location to location.

5. The time and the duration of the checkpoint must be determined at the supervisory level. However, the time and duration may be at anytime that is effective, so long as it is accomplished with an eye toward effectiveness of the operation, and with the safety of motorists in mind.

6. There must be clear indication of the nature of the roadblock. There must be advance warning to motorists that the stop is authorized. Such warning is to be accomplished by way of lights, signs, clearly marked police vehicles, and officers in easily recognized uniforms.

7. The length and nature of the detention must be no longer than is necessary to question the driver and to look for signs of impairment, such as odor of alcoholic beverage, bloodshot and watery eyes, and slurred speech. Officers may ask for a driver’s license. If there are no objective signs of impairment, the officer must allow the driver to proceed. If the officer observes objective signs of impairment, the driver may be directed to another area where further examinations may be conducted.

8. There must be advance publicity of the date and time of the checkpoint.

It is important to note that the guidelines in Ingersoll are just that—guidelines. Absence of any one factor does not necessarily invalidate the checkpoint. Every DUI checkpoint case should be evaluated individually by an experienced attorney to determine if there is a basis to fight a DUI checkpoint detention.

It is also important to remember that a properly conducted DUI or Sobriety checkpoint only allows the officer to briefly detain the driver. In order to conduct additional investigation such as breath tests or field sobriety tests, police must have a reason to believe that the driver stopped at a checkpoint is under the influence of alcohol or drugs.

DUI checkpoint laws can be complicated. If you have been arrested or cited at a DUI or Sobriety checkpoint it is very important that you contact an experienced attorney to evaluate your case.

I. One of the most common misconceptions is that DUIs are a single charge. In California most individuals arrested for Driving Under the Influence of Alcohol are charged with multiple crimes. California Vehicle Code section 23152(a) makes it a crime to drive while under the influence of alcohol or drugs or their combined influence. The legal term “driving under the influence” simply means driving while impaired by alcohol and/or drugs. California has a separate charge in Vehicle Code section 23152(b) for driving with a blood alcohol content (BAC) greater than or equal to 0.08%. Typically both charges are charged in cases involving alcohol. When someone has a BAC greater or equal to 0.15% a penalty enhancement under California Vehicle Code section 23578 can aggravate the sentence.

II. Another common misconception is that DUIs are simple cases. Anything can be farther from the truth. DUIs can be some of the most complicated cases in the criminal justice system. In almost every DUI trial the District Attorney or City Attorney will have an expert toxicologist and/or criminalist testify. Often times the prosecution will enlist experienced experts from the Department of Justice. The prosecution may also bring in a Drug Recognition Expert (DRE) or a field sobriety test expert. Just understanding the blood or breath alcohol results is not enough. In cases where the results are below a 0.08% the prosecution can still pursue charges under California Vehicle Code sect 23152(a) or Vehicle Code 23153 (a) in cases involving injury, and will likely have an expert testify to the impairment. In cases where the blood alcohol result is greater than 0.08% there may be defenses. Impairment is determined at the time of driving, not at the time a blood or breath sample is taken, and the driver may have had a lower BAC at the time of driving. It takes an experienced attorney who understands the science of blood alcohol consumption and absorption to properly assess each DUI case.

III. Another common myth is that DUIs are “no big deal.” In fact, DUIs can change your life. From license suspensions, fines and fees, DUI classes, Ignition Interlock Devices (IID), and potential custody time (even a first time DUI) can have a major impact on your life. DUIs are priorable offenses, meaning that subsequent DUIs can enhance your penalties. If you rack up three DUIs or any prior felony DUIs within a period of ten years from your current DUI you can be charged with a felony and face up to three years in State Prison. If anyone is injured during a DUI (other than the driver) even a first time DUI can be charged as a felony with a potential prison sentence. If someone receives serious bodily injury the penalties can be enhanced under California Penal Code section 12022.7 for an additional three years in prison, and any conviction under Penal section 12022.7 will be a strike that can enhance any future felony offense. If the driver already has a felony strike conviction on his or her record and picks up a DUI with serious or great bodily injury (GBI) he or she may face life in prison.

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- August Sage, Attorney at Law