Sobriety checkpoints in Los Angeles have long been a legal sore spot. Technically, Los Angeles sobriety checkpoints, also called DUI roadblocks, are supposed to protect the public by catching drivers who are driving under the influence of drugs or alcohol. Depending on your legal standpoint, they either keep innocent people safe from drunk drivers or they violate our Fourth Amendment rights by entrapping people who might otherwise not get charged with driving under the influence. In 1990, the United States Supreme Court ruled that sobriety checkpoints were constitutional as long as certain criteria were met. This means that Los Angeles police must follow very strict guidelines as to when and where they may set up and execute Los Angeles sobriety checkpoints:
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The general public, in Los Angeles or any other location, must be given advanced notice as to when and where the sobriety checkpoint will be.
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There must be a turnout before the sobriety checkpoint is reached so that drivers can turn around and avoid the checkpoint if they wish. Anyone who turns out before the roadblock cannot be pulled over based solely on their decision to avoid the roadblock.
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There must be a random and impartial formula for checking vehicles (such as checking every fourth car, for example).
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Safety conditions must be monitored at the sobriety checkpoint.
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The location, time and date of the sobriety checkpoint must be reasonable.
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The length and nature of time spent at the sobriety checkpoint must not be obtrusive.
Once at the sobriety checkpoint, Los Angeles police will look for any sign of intoxication. Slurred speech, bloodshot eyes, poor coordination, the inability to follow instructions, open alcohol containers in a vehicle or the smell of alcohol from within a car will most likely prompt police to administer field sobriety tests or ask for breath samples to analyze for alcohol content. If any of the above criteria are for whatever reason not met and you are charged with driving under the influence, you and your defense attorney have some really good material to fight your charge with.
If you have been charged with driving under the influence stemming from a DUI sobriety checkpoint stop, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today. Their combined 50 years of courtroom experience will fight hard for you.
