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Police set up DUI checkpoints in Los Angeles from time to time, usually during times where they expect a high percentage of intoxicated drivers on the road. 

They differ from a traffic stop in that police don’t require probable cause to stop you and check you. Instead, they just force every car to stop. 

Are DUI checkpoints Constitutional? 

These checkpoints were established as legal in the 1987 California Supreme Court case: Ingersoll v. Palmer.

In Ingersoll, the judge ruled that a DUI checkpoint is an “administrative screening” comparable to an airport security screening that is designed to promote public safety. 

The California Vehicle Code further requires that when drivers arrive at a checkpoint, they must cooperate with the instructions given by the officers. While you can refuse field sobriety tests, pre-arrest breathalyzer tests, or pre-arrest swab tests the end result is usually that you’ll be arrested and subjected to testing anyway.  

Laws Governing DUI Checkpoints

If police want any arrest they make at these checkpoints to hold up in court, then they need to meet the following requirements.

• DUI checkpoints must be clearly marked.
• They must be located at a reasonable location.
• The checkpoint must be at a reasonable time and for a reasonable duration. 
• Drivers should only be detained for a reasonable amount of time. 
• Every car must be stopped and treated precisely the same as every other car.
• The police must notify the public prior to setting up a DUI checkpoint.
• The police must take adequate precautions to keep people safe at the checkpoint.
• A law enforcement supervisor must be present at the checkpoint.

If the checkpoint you get arrested at does not meet these requirements, then it may be possible to get the charges dismissed. 

What is law enforcement looking for?

The officer is looking for signs of impairment. If you seem impaired, if they smell alcohol, or if they find drugs then they may require you to submit to DUI testing or field sobriety tests. 

Obviously if you are stopped you should avoid answering questions that could incriminate you. Remember that when police ask you questions, they’re looking for evidence, not reasons to let you go. 

Can I simply avoid the DUI checkpoint?

If you can safely adjust your route to avoid the DUI checkpoint, then you have every right to do so. Just make sure you’re avoiding traffic violations, or you might attract police attention anyway. 

Get Help Today

If you or a loved one has been arrested for DWI or DUI, then you need immediate help from a highly experienced criminal defense lawyer. There are numerous ways to defeat these charges, but only if you act fast.

Contact us to set up a case review today. 

See also: 

Your Rights During a Los Angeles Traffic Stop

Do You Have to Take the Field Sobriety Test in Los Angeles? 

What to Do If You Get Arrested in Los Angeles, CA