Sobriety checkpoints (or roadblocks) have become common tools used by police forces all around the country, not just in California. At the best of times, they’re an annoyance. They can also be significantly problematic, even if you have had nothing to drink. Knowing what to do when you are approaching these checkpoints, how to act toward the officers, and what your rights are will help you make it through.
Know When and Where
Understand that under federal law, all sobriety checkpoints must be publicized before they occur. Many California residents don’t know this, and that knowledge can make a very real difference. Find out where your local community publishes checkpoint dates and times, and stay abreast of the news. Plan your driving accordingly. Of course, this shouldn’t be taken as license to drink and drive without having to worry about sobriety checkpoints. It’s simply information to help you avoid the inconvenience and potential rights invasions that occur at roadblocks.
Don't Change Course
If you’re approaching a sobriety checkpoint, do not turn off the road unless you’re approaching your destination. Any vehicles leaving the line are automatic red flags, and you can expect to see flashing lights in your rearview mirror in a matter of minutes. Police officers generally set up these checkpoints well away from locations like gas stations, grocery stores, and the like to help eliminate “false positives” caused by drivers turning into their destination prior to going through the checkpoint. If you attempt to turn around and drive in the other direction, the officers will take this as a sign of guilt.
Know How They Work
You should also understand how these checkpoints work. They’re a lot like license and insurance checkpoints. The police force will create a roadblock, leaving just one lane open and blocking other access with their vehicles. Officers will monitor traffic coming both ways. Traffic backs up, naturally, leaving you sitting in line.
You’ll approach the officer checking drivers in your lane one car at a time. The officer will ask you to roll down your window and will ask you a series of questions. The nature of the questions is usually not the focus. However, if the officer is combining a license and registration check with sobriety checks, be prepared to provide your driver’s license and insurance card. Be polite and courteous to the officer at all times.
The officer will be looking for slurred speech, the smell of alcohol, and other obvious signs that you’ve been drinking. If the office suspects that you’ve had a drink, he or she will either ask you to breathe into a Breathalyzer or ask you to step out of the car to take field sobriety tests.
Can You Refuse Testing?
What Should I Do at a Sobriety Checkpoint? 11/21/2014 0 Comments Picture Sobriety checkpoints (or roadblocks) have become common tools used by police forces all around the country, not just in California. At the best of times, they’re an annoyance. They can also be significantly problematic, even if you have had nothing to drink. Knowing what to do when you are approaching these checkpoints, how to act toward the officers, and what your rights are will help you make it through. Know When and Where Understand that under federal law, all sobriety checkpoints must be publicized before they occur. Many California residents don’t know this, and that knowledge can make a very real difference. Find out where your local community publishes checkpoint dates and times, and stay abreast of the news. Plan your driving accordingly. Of course, this shouldn’t be taken as license to drink and drive without having to worry about sobriety checkpoints. It’s simply information to help you avoid the inconvenience and potential rights invasions that occur at roadblocks. Don't Change Course If you’re approaching a sobriety checkpoint, do not turn off the road unless you’re approaching your destination. Any vehicles leaving the line are automatic red flags, and you can expect to see flashing lights in your rearview mirror in a matter of minutes. Police officers generally set up these checkpoints well away from locations like gas stations, grocery stores, and the like to help eliminate “false positives” caused by drivers turning into their destination prior to going through the checkpoint. If you attempt to turn around and drive in the other direction, the officers will take this as a sign of guilt. Know How They Work You should also understand how these checkpoints work. They’re a lot like license and insurance checkpoints. The police force will create a roadblock, leaving just one lane open and blocking other access with their vehicles. Officers will monitor traffic coming both ways. Traffic backs up, naturally, leaving you sitting in line. You’ll approach the officer checking drivers in your lane one car at a time. The officer will ask you to roll down your window and will ask you a series of questions. The nature of the questions is usually not the focus. However, if the officer is combining a license and registration check with sobriety checks, be prepared to provide your driver’s license and insurance card. Be polite and courteous to the officer at all times. The officer will be looking for slurred speech, the smell of alcohol, and other obvious signs that you’ve been drinking. If the office suspects that you’ve had a drink, he or she will either ask you to breathe into a Breathalyzer or ask you to step out of the car to take field sobriety tests. Can You Refuse Testing? Unless you’re currently on probation for DUI, you have the right to refuse any and all tests. However, this might not be the right course of action, even if you haven’t had a drop of alcohol. California is one of many states where having a driver’s license is tacit agreement to chemical testing in a DUI investigation. Refusing the breath test puts you in danger of having your license suspended, even if you have done nothing wrong. Field sobriety tests (one-leg stand, etc.) can be refused. However, if you refuse testing, understand that the officer can still arrest you if he or she has probable cause.
If You're Arrested
If you are arrested for DUI at a sobriety checkpoint, your first call should be to an experienced DUI attorney. Contact Mr. Joshua Price for a free consultation on your case by calling (760) 613-5384?.