To ensure the safety of drivers and pedestrians in multiple ways, DUI checkpoints are created and can be very beneficial. In areas that may have a higher chance of accidents, the primary functions of the inspections are to catch and prevent impaired drivers. The inspection is usually set up in a high DUI accident area and with the checkpoint, law enforcement does not need to have probable cause to pull you over. However, there are things you should be aware of when approaching a DUI checkpoint, and we at Ajua Bail Bonds would like to offer you the insight. Knowing your rights is important!
DUI Checkpoint Announcements & Notifications
About a week ahead of time the checkpoints generally require notice by law enforcement. Law enforcement social media channels, local news, and newspapers, and so on, usually announces them. You can make a case if there aren’t any visible signs while being stopped, though it isn’t unconstitutional if you don’t receive notification about the checkpoint in advance. Should you get arrested at this checkpoint, this information may help your defense.
Checkpoints are authorized by Vehicle Code 2814 in California. However, you are not forced to go through the checkpoint and as long as there is a safe, and lawful alternative route, you can simply go around the checkpoint. Although, if it does appear you are intoxicated, police officers can still pull you over.
Symptoms of Intoxication Does Not Always Result in a DUI
From your physical appearance alone, the officer is looking for signs of intoxication initially. Red or watery eyes, slurred speech, driving erratically, and inability to answer questions are few examples. These symptoms alone do not equate to a DUI charge. For instance, if you drop something that causes you to swerve, or if have red eyes due to allergies or explanations have to be taken in consideration. If this is the case, bail out of jail and hire a DUI defense lawyer to explain the facts.
Field Sobriety Tests
Field Sobriety Tests sometimes aren’t accurate just like the visible appearance. Natural physical coordination, nerves during the time of the test, or fatigue and other circumstances can deter the results of the test.
Law Enforcement Procedures
You cannot be arrested simply on suspicion of drinking. Designed to protect civilians from misconduct of police officers, they must adhere to correct procedures. Three main procedures for conducting a stop. You can get pulled over without probable cause at checkpoint. Probable cause is based in fact and not suspicion, but in DUI cases, the distinction is a gray area. In California, officers must follow Title 17 of the California Code of Regulations. This is concerning the breath, blood and urine tests checking alcohol levels. The case can be thrown out in the event they tamper or conduct the tests inaccurately.
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Should you get arrested for a DUI at a checkpoint or in any other circumstances call Ajua Bail Bonds as soon as possible and our experts will get you released from jail as quickly, and as discreetly as possible.