Around the holidays, drivers can expect to encounter DUI checkpoints on the roads. These are intended to catch impaired drivers coming home from bars, restaurants and holiday parties before they’re able to cause a collision that could harm or kill someone – including themselves.
Checkpoints typically are set up around weekends and actual holidays like Christmas and New Year’s when festivities most often occur. These checkpoints aren’t just set up at random locations. They’re typically at locations where there have been multiple crashes involving impaired drivers.
On a recent Friday night, Santa Rosa police arrested five people in just four hours (between 8:00 p.m. and midnight) at one checkpoint. That might sound like a lot, but officers made contact with over 870 vehicles during that period. Ten drivers suspected of DUI were evaluated – leading to the five arrests.
These checkpoints can result in arrests and citations for offenses other than DUI. For example, at this particular checkpoint, officers issued 22 citations and made one arrest for driving without a valid license. One driver was cited for violating the terms of their probation by possessing drug paraphernalia.
What to know about the legality of these checkpoints in California – and elsewhere
Sobriety or DUI checkpoints have been determined to be legal by the U.S. Supreme Court, as long as certain rules are followed. Some states prohibit them, but most (including California) allow them.
California law states, “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”
If you find yourself approaching a DUI checkpoint, it’s never smart to take any dangerous and possibly illegal measures to avoid it – like making a sudden U-turn where it’s not allowed. That’s only going to attract the attention of law enforcement.
If you are arrested for DUI (or another offense) after being directed into a checkpoint, it’s wise to get experienced legal guidance as soon as possible to protect your rights and seek the best possible outcome.