DUI Checkpoints in California

With Memorial Day weekend approaching, it seems to be an appropriate time to talk about a legal issue that is likely to affect a number of people over the next few days: DUI checkpoints.

DUI checkpoints are a unique tool for law enforcement because they allow police to stop a vehicle and detain its occupants without any indication whatsoever that something illegal is going on. Normally, this isn't allowed - - stopping and detaining a person without probable cause to believe that a crime has been committed is considered an unreasonable search and seizure under the Fourth Amendment.

However, the California Supreme Court decided that DUI checkpoints do not violate the Fourth Amendment, or the California Constitution, because they are not criminal investigations but rather serve a "regulatory function" of keeping intoxicated drivers off the road. See Ingersoll v. Palmer (1987) 43 Cal.3d. 1321.

In order to be considered "regulatory" and not a "criminal investigation," and thus be Constitutionally permissible, a DUI checkpoint must comply with eight different criteria: (1) the decision to implement a checkpoint must be made at the supervisory level, not by officers in the field; (2) there must be limits on the discretion of the officers in the field in deciding whom to stop; (3) there must be measures taken to ensure that the checkpoint area is safe for motorists; (4) the location of the checkpoint must be reasonable; (5) the time of day the checkpoint is operating must be reasonable; (6) the checkpoint must be clearly marked as an official law enforcement roadblock; (7) the duration of the stop must be reasonable; and, (8) there must be advance publicity given disclosing that the checkpoint will be in place.

The advance publicity requirement means that there must be notice given in a newspaper or similar publication that informs the community when and where the checkpoint will be operating. So, if law enforcement is acting in compliance with what is required, a person should be able to find out where a checkpoint is going to be and avoid it.

If a person is stopped at a checkpoint and subsequently arrested for DUI, this provides a good opportunity to beat the DUI case by filing a motion to suppress evidence. I am of the opinion that, generally speaking, a motion to suppress based on an unreasonable detention should be made in every DUI case where the defendant was stopped at a checkpoint. The reasoning behind this view is that when such a motion is made be the defense, the burden is on the prosecution to show that the traffic stop was reasonable. In a situation where the stop occurred at a checkpoint, the prosecution has the burden of proving all eight requirements were met. This is no easy task, and may result in the motion to suppress being granted and the case dismissed.

Checkpoints that allow law enforcement to stop and detain law abiding citizens who are simply on their way home are the sort of government intrusion that goes against the core beliefs this Country relies on. At least for now, however, the courts have determined that such an intrusion is warranted because of the dangers posed by driving under the influence of alcohol.

In any event, the best way to avoid a DUI checkpoint issue is to hop in a cab. I recommend Yellow Cab. (408) 777-7777.

Have a safe and happy Memorial Day.