You might be wondering how a DUI defense lawyer can defend against a DUI or sobriety checkpoint stop.  Although, Police are allowed to conduct checkpoints to deter driving under the influence, they must follow criteria set out by the California Supreme Court in a case entitled Ingersoll v. Palmer.  In order for a checkpoint stop to be legal, law enforcement must follow the standards set forth in Ingersoll.  If they do not, the ensuing stop will be illegal and any evidence obtained from the DUI detention will thrown out of court.  A skilled DUI attorney will be able to analyze the circumstances surrounding the sobriety checkpoint to determine whether a driver was illegally detained. 

In Ingersoll, the California Supreme Court set forth eight criteria that courts should apply to prevent overbearing police checkpoints and at the same time protect the public from DUI drivers.

Criteria No. 1 (checkpoints must be set up by supervisors): The California Supreme Court, specified that the where and when checkpoints are set up must be decided by supervisors, rather than officers in the field.  This factor is essential to prevent police from setting up checkpoints based on an arbitrary basis.

Criterial No. 2 (a neutral mathematical formula must be applied): The California Supreme Court also stripped officers of unbridled discretion from stopping motorists during a checkpoint.  Instead, the Supreme Court specified that a neutral formula such as every driver or every third, fifth or tenth driver should be employed. During any sobriety checkpoint, now, a neutral mathematical criteria must be used.

Criteria No. 3 (Maintenance of Safety Conditions):  The California Supreme Court also specified that a checkpoint must be safe for motorists.  There must be proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel to minimize the risk for drivers.  The checkpoint should be operated only when traffic volume allows the operation to be conducted safely.

Criteria No. 4 (Reasonable Location):   The location of the roadblock should also be determined by supervisory officers rather than field officers.  A location that actually has a high volume of DUI or Drunk Driving related accidents or arrests should be chosen. 

Criteria No. 5 (Time and Duration):  The time and duration of sobriety checkpoints also critical. The time of day that a checkpoint is established and how long it lasts also bear on its intrusiveness as well as its effectiveness.  Law enforcement officials will be expected to exercise good judgment in setting times and durations.

Criteria No. 6 (Visibility): A roadblock must be clearly visible with warning signs, flashing lights, adequate lighting, police patrol vehicles and the presence of uniformed officers. Not only are such factors important for safety reasons, advance warning will indicate to motorists that the stop is duly authorized.

Criteria No. 7 (Length of Detention):  Police conducting sobriety checkpoints should be  detained only long enough to briefly question the driver and look for indications of impairment or intoxication, such as an odor of alcohol on the breath, slurred speech, and glassy or bloodshot eyes. If the driver does not show signs of intoxication, he or she should be permitted to drive on without further delay. If the officer does observe symptoms of impairment, the driver may be directed to a separate area for a roadside sobriety test. At that point, further investigation would of course be based on probable cause, and general principles of detention and arrest would apply.

Criteria No. 8 (Advance Notice): Law enforcement conducting a sobriety checkpoint must provide advance notice of the roadblock to the public.  However, the exact location of the checkpoint does not have to be disclosed.  According to the California Supreme Court advance notice serves to limit the intrusion upon the individual’s personal dignity and security because those stopped would anticipate and understand what was happening. In addition, advance notice helps establish the legitimacy of roadblocks in the minds of drivers.

A Driver Can Legally Avoid the Checkpoint !! :The California Supreme Court also held that motorists who try to avoid a checkpoint may not be stopped and detained because of their effort to avoid the checkpoint! Nevertheless, if the driver breaks the law in trying to avoid the checkpoint or displays signs of intoxication or impairment, then there is adequate probable cause to stop the driver.  After the driver is detained, ordinary after principles of detention and arrest apply.

Note: Even though sobriety checkpoints are constitutionally permissible, Ingersoll has set forth rigid standards that must be applied.  If police fail to follow these standards, the evidence obtained as a result of the checkpoint may be deemed to be illegally obtained.  If the evidence was illegally obtained, an experienced DUI / DWI defense lawyer can file a motion to suppress on your behalf to have the court throw out the evidence. 

A knowledgeable driving under the influence attorney will pursue this issue on your behalf.  Call the Law Office of Michael E. Mitchell, to obtain a consultation with Michael E. Mitchell, a knowledgeable DUI defense attorney, to determine if your sobriety checkpoint stop was illegal.  We are available 24 hours a day, 7 days a week at 559-222-2424.

The Law Offices of Michael E. Mitchell defends clients charged with DUI / DWI and traffic offenses in California's Central Valley and San Joaquin Valley, including Fresno County, Tulare County, Merced County, Madera County, County of Kings, Mariposa County, Fresno, Tulare, Merced, Madera, Kings County, Mariposa, Visalia, Hanford, Dinuba, Los Banos, Selma, Kingsburg, Clovis, Sanger, Reedley, Kerman, Parlier, Coalinga, Firebaugh, Fowler, Mendota, Visalia, Avenal, Corcoran, Lemoore, Porterville, Bass Lake, Shaver Lake, Yosemite National Park, Sequoia National Park.  We also defend motorists pulled over for traffic violations along San Joaquins roads and highways including interstate 5 and highways, 49, 41, 99, 168, 192, 180.