Criminal Defense DUI DUI Checkpoints

Learn What You Need to Know if You Were Arrested at a DUI Checkpoint

If you are facing a DUI after being stopped at a checkpoint in Marin County, you are not alone. The police routinely use checkpoints to identify drunk drivers and conduct DUI arrests. But, while DUI checkpoints are generally legal in California, they are subject to strict requirements, and failure to meet any of these requirements may provide a defense in court. Learn more from experienced Marin County DUI attorney Josh Brownstein.

Requirements for a Legal DUI Checkpoint in Marin County

All DUI checkpoints in Marin County must be conducted in accordance with certain standards. These standards are intended to protect drivers’ rights and ensure that the police do not improperly use checkpoints as tools for selective or discriminatory enforcement. Some of the key requirements for DUI checkpoints in Marin County include:

  • The checkpoint must be in a reasonable location and drivers must be warned of its presence in advance;
  • The checkpoint must have clear indications of its official nature;
  • The police must apply neutral criteria when deciding who to stop;
  • The police must implement adequate precautions to protect drivers’ safety; and,
  • The police must not detain drivers for an unnecessary amount of time.

These are not all of the requirements for DUI checkpoints—just some of the most important ones. If you were arrested for DUI at a checkpoint that did not meet any of these requirements, you may be able to use this to fight your drunk driving charge in Marin County court.

What You Are (and Aren’t) Required To Do at a DUI Checkpoint

While DUI checkpoints are subject to strict requirements in California, drivers who approach these checkpoints are also subject to certain requirements. For example, when approaching a DUI checkpoint in Marin County:

  • You must not turn around to avoid the checkpoint if it is unlawful or unsafe to do so;
  • You must comply with the officer’s instructions (although you are not required to take a pre-arrest breath test or the field sobriety tests); and,
  • If you get arrested for DUI, you must provide a blood alcohol concentration (BAC) sample in accordance with California’s “implied consent” law.

However, there are certain things that you are not required to do at a DUI checkpoint as well. These include (but are not limited to):

  • You are not required to consent to a pre-arrest breath test (or cheek swab);
  • You are not required to take the field sobriety tests (FSTs); and,
  • You are not required to answer any questions about whether you have been drinking.

While you aren’t required to do these things, if you do them voluntarily, this could lead to a DUI arrest—and prosecutors may be able to use your test results or statements in court if the DUI checkpoint was lawful. Once you hire a DUI attorney to represent you, your attorney will be able to assess the legality of the checkpoint and determine what defenses you have available.

Defending Against a DUI Charge When You Were Stopped at a Checkpoint

Let’s say you were stopped at a drunk driving checkpoint, and you are now facing a DUI charge in Marin County court. What defenses can you assert to protect yourself?

While there are several potential defenses to DUI charges in Marin County, the specific defenses that you can assert depend on the facts of your case. With this in mind, some examples of defenses an experienced DUI attorney may be able to assert on your behalf include:

Unlawful DUI Checkpoint

If you were stopped at an unlawful DUI checkpoint, you may be entitled to have your DUI charge dismissed regardless of whether you were driving under the influence. Failure to meet any of the requirements for DUI checkpoints under California law can potentially serve as a defense in Marin County court.

Unconstitutional Search or Seizure

While conducting a lawful DUI checkpoint allows the police to stop drivers without reasonable suspicion, constitutional protections still apply. If the police violated your constitutional rights, this could render the state’s evidence against you inadmissible in court.

Unreliable BAC Reading

Along with asserting defenses that are specific to being arrested at a DUI checkpoint, you can assert any and all other viable DUI defenses as well. For example, if you took the breathalyzer at the checkpoint and blew over the legal limit, you may be able to challenge the reliability of your BAC reading on various grounds.

Unreliable Field Sobriety Test Results

There are various grounds for challenging your “failure” of the field sobriety tests as well. If you took the FSTs at a DUI checkpoint in Marin County, your attorney can examine both the administration of the tests and your performance on the tests to determine what defenses you have available.

Insufficient Evidence of Guilt

Regardless of the circumstances surrounding your DUI arrest, prosecutors have the burden of proving your guilt beyond a reasonable doubt. If prosecutors don’t have the evidence they need to meet their burden of proof, you are entitled to have your DUI charge dismissed.

Consequences of Failing to Fight Your DUI in Marin County

In all cases, getting a DUI in Marin County can have serious consequences. If you do not successfully fight your DUI, you could face consequences including (but not limited to):

  • Jail time
  • Probation
  • Fines
  • Penalty assessments, costs and fees
  • Driver’s license suspension
  • DUI school
  • Ignition interlock device (IID) installation
  • Increased auto insurance premiums
  • Increased penalties for a subsequent DUI
  • Academic, career, custody, and immigration consequences

Request a Free Consultation with DUI Attorney Josh Brownstein

Were you arrested at a DUI checkpoint? If so, we encourage you to contact us promptly for a free consultation. To discuss your case with experienced Marin County DUI attorney Josh Brownstein in confidence as soon as possible, call us at 415-965-6183 or contact us online today.

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