DUI Checkpoints

The utilization of DUI or sobriety checkpoints has proliferated in the last couple of years because of the large quantities of state grant money flowing into cities from DUI fines and penalty assessments from the court. Although the usage of these kinds of law enforcement tools is generally regarded as helping to reduce DUI drivers, their administration is not always legal. In the seminal case, Ingersoll vs. Palmer, the United States Supreme Court handed down guidance which must be complied with in any particular law enforcement checkpoint. Among the factors are:

  • The degree of discernment given to the individual officer in the field
  • The certain area chosen for the roadblock
  • The time and extent of the roadblock
  • The criteria set by superior officers
  • Was advance notice given to the basic public
  • Had advance warning been given to approaching motorists
  • Adherence to acknowledged security conditions
  • The length of time each motorist is stopped and detained

Whenever challenging a DUI checkpoint, each of the above factors is considered by the criminal court judge hearing the motion to suppress the evidence obtained from the checkpoint. In San Diego County, the authorities use sobriety stops heavily. It is not uncommon on any given weekend to see authorities setting up a "drunk driver" checkpoint in San Diego. As an experienced San Diego DUI attorney who has defended hundreds of DUI cases, Parwana Anwar can help evaluate whether your rights have been violated.