DUI Checkpoints in Aliso Viejo

DUI checkpoints also known as ‘sobriety checkpoints’, ‘roadblocks’ or ‘mobile checkpoints’, are random and temporary police stops meant to find drivers who are driving under the influence of drugs or alcohol.

Isn’t Probable Cause Necessary for a Traffic Stop?

According to the U.S. constitution, although probable cause is necessary for a traffic stop, the U.S constitution provides exceptions for the search and seizure provisions required for DUI checkpoints. The idea behind the exceptions is that the intrusion is necessary if it is going to prevent the dangers of drunk driving.

In as much as the effectiveness of DUI Check Points has been questioned and as their legitimacy has been challenged in courts, they are legal in the city of Aliso Viejo and in the state of California.

Guidelines for a DUI Checkpoint

Through guidelines provided by the National Highway Safety Transportation Board, Patrol officers should only set up DUI checkpoints under the following conditions:

  • The reasons for stopping a motorist should be neutral
  • Operational decisions should be made by supervising officers
  • The location of the DUI checkpoints should be reasonable
  • The DUI checkpoints should be publicly advertised
  • The time and duration of the DUI checkpoint should be reasonable
  • Satisfactory safety precautions should be taken when setting up the DUI checkpoint and
  • The motorists should be detained for a minimal amount of time

Once stopped at a DUI checkpoint, you should expect to be briefly detained and interviewed so that the police can decide whether you need further sobriety tests to determine whether you are driving under the influence.

Contact Johnson Criminal Law Group if you were stopped and arrested for driving under the influence at checkpoint today.

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