Beware of Sobriety Checkpoints this Weekend in the Bay Area
Be careful of sobriety checkpoints this weekend. The CHP and many local Bay Area law enforcement agencies have announced that they will be conducting sobriety checkpoints throughout the bay area.
A sobriety checkpoint is an instrument used by police to check random drivers to see if they are under the influence of drugs or alcohol. These may be set up on any public road or freeway but there are many rules that the police must follow in establishing a checkpoint. The police will decide ahead of time where the location of the checkpoint will be and which drivers will be stopped. The police must ensure that they have a completely random method of choosing which cars will be stopped. For example, every third car stopped and questioned would be a random method of conducting a checkpoint.
If you are stopped at a checkpoint, the officer will be looking for signs of impairment. Some signs of impairment are: bloodshot eyes, an odor of alcohol, slurred speech, horizontal gaze nystagmus, if there are any open alcohol containers in the vehicle, and they will also be checking if you have your insurance, license, and registration. If the officer observes any objective symptoms of being under the influence, he may ask you to submit to a chemical test or conduct certain field sobriety tests.
If you are stopped at a sobriety checkpoint, it is important to remain silent. You are not required to speak to the police about your sobriety but you may be required to provide identifying information such as your name and address. If you have any questions, you should contact a Bay Area DUI attorney.
With sobriety checkpoints, there are many requirements that must be met to ensure that you the search and seizure laws are followed. Every state has their own requirements based on case law but the National Highway traffic and Safety Administration have released the following guidelines concerning sobriety checkpoints:
1. They must be part of an ongoing program to deter drunk driving.
2. They should have support from the judicial system
3. There must be established procedures for how to properly operate a checkpoint.
4. The selection of checkpoints must be done in the interest of public safety and chosen for a specific objective (i.e. an unusual number of drunk driving accidents in that area)
5. Drivers should be sufficiently warned of an upcoming checkpoint.
6. Police presence should be obvious when approaching the checkpoint.
7. The logistics of chemical testing must allow expeditious transport of suspects to a chemical test site.
8. Any change in the original planning of a checkpoint must be well documented.
9. Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.
10. The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.
11. Feedback should be requested from citizens who are stopped to help determine if the program is effective.
If you have been arrested in California for a DUI/DWI, give Attorney Bob Mortland, Los Angeles DUI Lawyer a call today (510)463-1643
URGENT: If you have been arrested for California DUI / DWI, it is vital that you act quickly to protect your driver's license. You have only 10 days from the date of arrest to request a DUI DMV Administrative Per Se (APS) hearing with the California DMV. Contact Mr. Mortland for a free initial phone consultation now to protect your legal rights if you or someone you know has been charged with a DUI, drunk driving, driving under the influence of alcohol or drugs, or any drinking and driving arrest in California.
A sobriety checkpoint is an instrument used by police to check random drivers to see if they are under the influence of drugs or alcohol. These may be set up on any public road or freeway but there are many rules that the police must follow in establishing a checkpoint. The police will decide ahead of time where the location of the checkpoint will be and which drivers will be stopped. The police must ensure that they have a completely random method of choosing which cars will be stopped. For example, every third car stopped and questioned would be a random method of conducting a checkpoint.
If you are stopped at a checkpoint, the officer will be looking for signs of impairment. Some signs of impairment are: bloodshot eyes, an odor of alcohol, slurred speech, horizontal gaze nystagmus, if there are any open alcohol containers in the vehicle, and they will also be checking if you have your insurance, license, and registration. If the officer observes any objective symptoms of being under the influence, he may ask you to submit to a chemical test or conduct certain field sobriety tests.
If you are stopped at a sobriety checkpoint, it is important to remain silent. You are not required to speak to the police about your sobriety but you may be required to provide identifying information such as your name and address. If you have any questions, you should contact a Bay Area DUI attorney.
With sobriety checkpoints, there are many requirements that must be met to ensure that you the search and seizure laws are followed. Every state has their own requirements based on case law but the National Highway traffic and Safety Administration have released the following guidelines concerning sobriety checkpoints:
1. They must be part of an ongoing program to deter drunk driving.
2. They should have support from the judicial system
3. There must be established procedures for how to properly operate a checkpoint.
4. The selection of checkpoints must be done in the interest of public safety and chosen for a specific objective (i.e. an unusual number of drunk driving accidents in that area)
5. Drivers should be sufficiently warned of an upcoming checkpoint.
6. Police presence should be obvious when approaching the checkpoint.
7. The logistics of chemical testing must allow expeditious transport of suspects to a chemical test site.
8. Any change in the original planning of a checkpoint must be well documented.
9. Detection and investigation techniques must be well-planned and standardized. These must be performed by qualified law enforcement. Investigation must take place without impeding the flow of traffic.
10. The public should be aggressively informed of sobriety checkpoints with ample warning so they can avoid them completely.
11. Feedback should be requested from citizens who are stopped to help determine if the program is effective.
If you have been arrested in California for a DUI/DWI, give Attorney Bob Mortland, Los Angeles DUI Lawyer a call today (510)463-1643
URGENT: If you have been arrested for California DUI / DWI, it is vital that you act quickly to protect your driver's license. You have only 10 days from the date of arrest to request a DUI DMV Administrative Per Se (APS) hearing with the California DMV. Contact Mr. Mortland for a free initial phone consultation now to protect your legal rights if you or someone you know has been charged with a DUI, drunk driving, driving under the influence of alcohol or drugs, or any drinking and driving arrest in California.
