5 Things to Know about DUI Checkpoints in California by Rocklin and Roseville Area Attorney
Whether you live in Rocklin, Roseville, or Lincoln, there is a chance that at some time you may be stopped at a DUI checkpoint sometime in your life. DUI checkpoints are legal and they happen throughout the state, especially near the holidays. They are held as an effort by law enforcement to crack down on those driving under the influence. The more you know about DUI checkpoints in California, the better off you will be!
You may hear on the news or read in the paper that a DUI checkpoint has been planned for a particular area. But most people don’t hear of the checkpoint warnings prior to them happening, they simply get caught off guard when they get stopped at one. When that happens, here are 5 things to know about DUI checkpoints in California:
- The blood alcohol concentration (BAC) amount that law enforcement will be looking for is at least .08 percent. If you are stopped at a DUI checkpoint in California and law enforcements officers have reason to believe that you have been drinking alcohol and driving they may investigate further. If you have at least a .08 BAC, then you will be considered legally to be DUI and will have an immediate license suspension.
- DUI checkpoints are legal, but that doesn’t mean the officer can just pull you out of the vehicle and start testing to see if you have been drinking. They would need to have a reasonable suspicion to warrant further investigation into the matter.
- You are allowed to turn around or go in another direction so that you don’t go through a DUI checkpoint. If you are approaching one and don’t want to stop, simply turn and take another route around the checkpoint. There may be an officer that watches for people who turn back, and they may pursue you to see how you are driving, so keep that in mind as well.
- While you do need to provide the officer with any documents that they ask for, such as license and registration information, you are not required to get chatty with them. You do not need to answer questions about whether or not you have been drinking, what you have been doing, or what you ate for dinner.
- In order for officers to get you out of your car to further investigate they would need to have suspicion that you have been drinking and driving. They may get close to you when you stop the car so they can smell and see if they detect alcohol, and they will likely watch you as you gather your identification documents in order to see if you have difficulty with coordination and concentration.
DUI checkpoints can happen at any time and on any day throughout California, including in Rocklin, Roseville, or Lincoln. But they are more likely to occur on Friday or Saturday nights, as well as on holidays. Law enforcement officers know that many people drink more on holidays, such as July 4th, the day of the Super Bowl, and New Year’s Eve, so they tend to have checkpoints more often on these days. If you do get arrested from a DUI checkpoint be sure to speak to an attorney right away in order to help ensure the best possible outcome to your case.
The Law Offices of Terry L. Gilbeau provides aggressive legal counsel to clients charged with driving under the influence of alcohol. His office is located in Rocklin, CA, just outside of Sacramento, CA, near Roseville and can be reached at (916-626-5539) or email Terry at tgilbeau@gilbeaulaw.com. https://plus.google.com/100257969598984372756/