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Legal Guidelines and Procedures for Los Angeles DUI Checkpoints

The California legislature has enacted regulations to govern the actions of officers during a DUI checkpoint. Checkpoints are appearing more frequently these days in an effort for the Police Department to not only reduce the number of Drunk Drivers on the road, but to bring to the attention of the general public the consequences of a DUI. If procedures are violated by officers during a DUI arrest, your case may be dismissed.

When a DUI checkpoint is to be employed, there must be a warning given to drivers. Drivers must be put on notice prior to the checkpoint and not just stopped without knowing what the checkpoint is for. Additionally, there must be a turnout prior to the checkpoint, so that those drivers who chose not to proceed through the checkpoint do not have to. Those drivers who decide to turn around and go another route may not be stopped solely for having chosen to turn around.

The cars that are checked during the checkpoint must be in a random, impartial formula. It is permissible to stop every fifth car or so, but it would be in violation if officers stopped cars upon their choosing.sSafety conditions must be monitored at the checkpoint site, and the checkpoint must take place at a reasonable time, place and day. Finally, if detained, the length and nature of the detention must not be obtrusive.

These regulations are put in place in an effort to protect your Fourth Amendment rights. If any legislative procedures are violated or not properly followed, there may be a violation of your constitutionally protected rights. A Los Angeles Criminal Defense attorney knows the complexities of the Constitution and the rights of officers during a routine DUI checkpoint and can properly inform you if your rights have been violated and whether you have a strong case or not. Don’t take the chance of having a DUI on your record, speak to a knowledgeable attorney today to learn about your options and prepare a powerful defense that will ensure your rights are protected and get you the outcome you desire!