If you’re wondering about the legality of a DUI checkpoint in California – it’s allowed, just with specific conditions that need to be met by law enforcement.
These conditions include:
- An announcement of when the DUI checkpoint will take place will need to be made by law enforcement to the general public. This announcement will be posted on the state police department’s website, as well as submitted to relevant media outlets like newspapers or radio stations. Once the public is informed, drivers can choose to take an alternate route other than where this is carried out. There’s no law against sharing this information with friends and family.
- Drivers should know that DUI checkpoints almost always transpire in heavily populated and heavy traffic areas. This gives drivers an idea of where it will take place, even though law enforcement is not required to submit the location, just the time.
- A superintendent must oversee the checkpoint. One of the reasons could include that field sobriety tests must be conducted by a trained officer in order for it to be used as evidence in the courtroom.
- The officers must also ensure that safety is a priority, which means using the correct signals to pull over drivers, as well as making sure that visibility is nor obscured.
- There should be specific details about when to stop a vehicle, including the sequence (every third car that passes for instance). This cuts down on profiling drivers.
Not all states legalize DUI checkpoints, but California does, and it is said that this procedure cuts down on intoxicated drivers during the holidays and other celebrations.
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