Strict Guidelines for Legality of Orange County DUI Checkpoints

You may have recently read a newspaper article stating “Roving DUI patrols are scheduled for Huntington Beach, Newport Beach, Fountain Valley and Throughout Orange County” The article may have gone on to read “Huntington Beach motorists who are thinking of drinking and driving are being warned that roving patrols will be on the lookout for impaired drivers in Orange County”. The article may have even warned that deputies will be patrolling Huntington Beach, Newport Beach, Fountain Valley and other areas of Orange County” looking for drivers who are under the influence of drugs or alcohol. Ever wonder why the newspaper and police are announcing their DUI checkpoints? The answer: They HAVE TO in order to uphold a conviction for any arrests made as such checkpoint.

Roadblocks carried out pursuant to certain strict guidelines have been approved by the California Supreme Court in a 1987 case titled “Ingersoll v Palmer” In Ingersoll, the court stated, “…within certain limitations a sobriety checkpoint may be operated in a manner consistent with the federal and state Constitutions.” In 1990, the U.S. Supreme Court also approved to the use of roadblocks to enforce drunk driving laws in a case title “Michigan State Police Dept. V. Sitz”.

The court’s decision in Ingersoll was based upon the reason that the primary purpose of a roadblock is to deter drunk driving, not simply to arrest offenders. Therefore, Fourth Amendment considerations against unreasonable searches seizures are not involved.

In order to make a DUI roadblock (e.g. a “sobriety checkpoint”) legal, the following “Ingersoll” guidelines must be met:

1. Decision Making at the Supervisory Level - the establishment and location of sobriety checkpoints must be decided by supervisory police officers, not officers in the field.
2. Limits of Discretion of Field Officers - Police must use a neutral mathematical formula, such as every driver, or every third, fifth, or tenth driver to determine who to stop. This requirement takes away the discretion of the individual officer to choose to stop individual drivers without any legitimate basis.
3. Maintenance of Safety Conditions - proper lighting, warning signs and signals, and clearly identifiable official vehicles and personnel are required.
4. Reasonable Location – a checkpoint must be at a location most effective in stopping drunk drivers; e.g. roads with a high incidence of alcohol-related accidents and arrests.
5. Time and Duration – Police must establish roadblocks while exercising good judgment in setting times and durations. Police must keep in mind effectiveness and safety.
6. Indicia of Official Nature of Roadblock – Roadblocks must be established with high visibility so that drivers can easily see the nature of the roadblock. Motorists who seek to avoid a roadblock may not be stopped and detained merely because they attempted to avoid the roadblock.
7. Length and Nature of Detention – Police may detain each motorist only long enough for the officer to question the driver briefly and to look for objective signs of intoxication
8. Advance Publicity - Police conducting a lawful sobriety checkpoint must provide advance notice of the roadblock to the public, although they are not required to disclose its specific location

If you have been arrested for California Vehicle Code 23152(a) or (b) violations, otherwise known as “Driving Under the Influence” or DUI,  and were detained at a sobriety checkpoint in Orange County, you need the assistance of competent defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston & Blanco can assist with your DUI accusations and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Orange County criminal defense attorneys of Houston & Blanco at 714.841.3921 or email at info@HBLawyers.net .