What to Do When You Are Arrested at a Checkpoint DUI

Being arrested at a driving under the influence sobriety checkpoint, whether you are drunk or not, in itself can result in severe repercussions. It can include DUI criminal charges, losing your driver’s license for refusing to take chemical tests, and further charges based on your conduct after and during your stop. The most effective way to reduce or avoid these consequences is to understand your responsibilities and rights and know what to do. Please read this blog post to learn more about the appropriate steps following the arrest.

Hire an Attorney

After your DUI arrest, emotions can be high, and you might be confused about what to do next. The best thing to do is retain a defense attorney. Here is what to expect them to do for you:

• Conduct a case review and offer legal consultation — Your lawyer should provide a secure and safe space for you to give your version of the story. They will ask you questions, cautiously examine the DUI charges, analyze evidence, and grasp your case’s circumstances. Finally, they will discuss the options with you and advise you on the measures to take.
• Protect your legal rights — Your attorney is a resource in protecting your rights. They will look out for rights violations throughout the California criminal justice process. Next, they will take relevant measures to handle the violations.
• Collecting evidence and conducting independent investigations — A skilled defense attorney is an experienced investigator. The legal counsel might not rely on the details you and the prosecution team offer. Instead, they will conduct independent investigations to acquire more evidence to reinforce your defense.
• Developing effective defense strategies — A skilled lawyer recognizes that effective and valid defense strategies are vital in obtaining a favorable case outcome. Therefore, they will review each case fact and work to find alternative explanations, contradictions, and gaps that could weaken the prosecutor’s evidence against you.
• Engaging in plea bargain negotiations — A plea bargain is an agreement between the defendant and the prosecutor. It entails a defendant voluntarily entering a no-contest or guilty plea in return for less severe penalties or lower criminal charges. The deal could be suitable if the prosecutor has compelling proof against you or when the potential penalties after a conviction are detrimental. Your lawyer will review the facts of your case before advising you whether to consider taking the offer. The advocate should also negotiate with the prosecutor to find a deal that suits your legal needs.
• Represent you in the courtroom — If your attorney’s efforts to dismiss your case are futile, they will represent you in court. They should prepare witnesses and review the case facts and evidence against you before your trial. They will use witnesses who can testify in your favor.

So, do you require a defense attorney even if you believe you broke the DUI laws? Legal representation increases the likelihood of obtaining the best possible case outcome. Some advantages of hiring a lawyer include the following:

• In-depth knowledge of the California judicial system —Your lawyer can help you avoid mistakes. They will use their experience and expertise in California criminal defense laws to explain the implications of your DUI charges.
• Knows the key players in the criminal judicial system — An experienced lawyer is familiar with judges and prosecutors. They also know their weaknesses and strengths and use the knowledge to develop the most effective legal defense and strategies.
• You have access to the resources needed to build your defenses, including technology, support staff, and finances.
• It saves money and time — Your attorney can handle every legal task and paperwork related to the case. While hiring a legal counsel can be costly, it can save you money in the long run. For instance, it allows you to commit to spending time with your loved ones and working.

Ensure you are truthful with your defense attorney, even if your statements could put you in a bad light. This will help the legal counsel develop the most effective defense and reduce the chances of being unaware in the courtroom.

Working With Your Attorney to Determine Whether the Driving Under Influence Checkpoint Was Legal

DUI checkpoints are lawful under the U.S. Constitution and California law. The law recognizes them as administrative inspections.

However, a checkpoint should meet certain standards. If not, you have grounds to challenge your arrest. Below are the rules law enforcers should follow when implementing a DUI checkpoint:

• A supervising officer should make each operational decision and oversee every checkpoint. It involves deciding where, when, and how the sobriety checkpoint will operate. The move seeks to lower the potential for illegal and arbitrary enforcement.
• Law enforcers should use a neutral system for stopping motorists, like stopping every fifth motor vehicle. That means police should not stop cars based on car model, gender, age, or race.
• The checkpoints should be reasonable (It should be a place famous for DUI arrests or car accidents).
• The supervising officer should consider safety when deciding where to set up the DUI roadblock. These safety factors can include street layout, making the roadblock visible to approaching motorists, and traffic patterns.
• The police should publicly advertise the DUI roadblocks in advance. You can find the notices on or in news stations, local newspapers, advertising, and the police's websites. Please note that the lack of advance publicity does not make the checkpoint unconstitutional.
• The police should detain you at the checkpoint for a duration long enough to question you and look for intoxication signs like slurred speech, glassy eyes, or an alcoholic odor on your breath. If you indicate no impairment signs, the police should permit you to continue driving immediately.
• You, the motorist, should see that you are approaching the checkpoint. It assists in reducing surprise and fear. Flashing lights, the existence of uniformed law enforcers, marked police motor vehicles, and warning signs are some of the characteristics of a DUI sobriety checkpoint.
• The supervising police officers should use good judgment when setting the roadblock’s duration and the time of day.

Most individuals think that checkpoints breach the 4th Amendment right against unreasonable searches. However, the U.S. Supreme Court and state have ruled that they do not, provided the police abide by the required procedures when setting the checkpoints.

Do Not Resist the Arrest

You should remain calm during your arrest. Do not hide or run from the officers. If law enforcement agents ask you for identification, do not give a fake ID or name. Finally, do not verbally threaten the police officers.

If you believe the police’s conduct is inappropriate, you can question them and their authority to detain you. However, you should not struggle against them if they insist on arresting you.

Resisting an arrest is a California misdemeanor punishable by one year in county jail and hefty fines. The judge could also impose conditions like counseling and engaging in community service that you should follow. The law enforcement officers will also see your resisting arrest conviction during future stops, making the interactions challenging.

Exercise Your Miranda Rights

There are no specific wordings for your Miranda warning to be valid. The police can use any words, provided they clearly state your rights. Here is a typical warning:

• You have the right to remain silent.
• The police can use anything you say against you.
• You are entitled to legal representation and have your attorney present during your interrogations.
• If you cannot afford legal assistance, the court will provide one before the questioning.

Please note that the police do not need to read these rights during the DUI investigation (whatever happens at the DUI sobriety checkpoint before your arrest).

Police officers are trained to ask suspects questions tailored to elicit self-incrimination, like where are you headed, where have you been, or have you been drinking. Therefore, you should remember that anything you say could be used against you in court. You should not talk to law enforcement agents except when disclosing your name for identification. You should also ask for your attorney and refrain from answering their questions or offering statements.

The police are not required to read the Miranda warning for you to exercise the right to remain silent. A warning is needed only after the police officer starts custodial interrogation. A custodial interrogation is an interrogation where police ask questions with potentially incriminating responses.

After reading the warning, the police will ask you whether you want to waive your rights and talk to them. You can invoke your rights anytime, even when you have already begun speaking with the law enforcers.

If the police violated your Miranda rights, your lawyer should request the judge to disregard whatever you said after the violation. Some of the ways the police can violate your Miranda rights include the following:

• They did not warn you at all.
• They did not read you the warning before the custodial interrogations.
• They continued questioning you after you requested your lawyer or invoked the right to remain silent.
• The police coerced you to waive your constitutional rights.

A violation does not mean the court will throw out the DUI case, nor will it ignore everything you tell the police. The court will only throw out the information you share after the violation. The prosecution can also present other evidence even when the Miranda violation exists.

Refuse to Take a Field Sobriety Test

The police officer will demand or request that you complete field sobriety tests (FSTs), like:

• Bouncing eyeball (gaze nystagmus) test
• Stand-on one-leg test
• Walk-and-run test
• Rhomberg balance test
• Finger-to-nose test

Politely decline the tests they offer to administer to you and ensure you firmly stand by your refusal even if they threaten to detain you.

You should not accept FTS tests during a DUI stop because they serve two objectives, including the following:

• They permit the police officer to observe and testify how you paid attention to the FTS instructions.
• The tests help law enforcement agents gauge how well you score. If you agree to FTS and the officers notice something is off with you, they will use the poor performance against you.

If a driver refuses to participate in FTS tests, police may arrest them anyway. However, their attorney will at least have something to work with if their case goes to court.

Please note that a driver on probation for another DUI with probation terms and conditions instructing them to submit to FTS must comply. A violation could lead to more severe penalties for the previous DUI.

You Should Refuse to Take Preliminary Alcohol Screening (PAS) Test

Unless you are on probation or being arrested for an underage DUI, you are not required to take a preliminary alcohol test. Therefore, there is no valid reason to undergo this test unless you have not taken any drink. Otherwise, this PAS test will help the officers create probable cause for a lawful DUI arrest and gather additional proof against you for trial. Without probable cause, your arrest and criminal charges could be inadmissible at trial.

Do Not Refuse to Agree to Chemical Testing  Upon Your Arrest

Implied consent laws presume every motorist in California has consented to chemical testing for blood alcohol concentration (BAC), provided they are legally arrested for drunk driving.

While you can refuse to take FTSs and PASs, submitting to these tests does not excuse you from submitting to the formal chemical tests. The refusal can result in consecutive enhanced penalties in addition to the underlying criminal charges. Here are the penalties for the refusals:

• A first-time DUI crime will attract nine months in DUI school and an additional forty-eight hours in jail.
• A second drunk-driving crime is punishable by an additional ninety-six hours in jail.
• A third-time DUI offense carries an additional ten days in jail.
• A subsequent crime attracts eighteen days in jail.

While refusing the chemical testing might seem straightforward, it is not. Some situations are unknowingly deemed as a refusal, including the following:

• The police should give you only one opportunity to submit to the testing.
• If the police offer you a choice of the chemical tests and you fail to respond, the law considers your silence a refusal.
• You are not entitled to legal assistance before your test.
• You are not entitled to have your doctor during your test.

You Should Contact the California Department of Motor Vehicles

After your arrest, you should contact the Department of Motor Vehicles within ten days and request an administrative hearing and a stay.

You can request via fax or your phone to a Driver Safety Office in the county where your arrest occurred. When making the request, you should provide the following information:

• Your name and license number
• The name of the arresting police officer(s)
• The form of the chemical test administered
• The arrest’s date
• The arrest’s location

The DMV hearing is an administrative hearing where you will appear before a hearing officer and try to convince them why they should not suspend your license.

 A stay means a stay of suspension. After your arrest, the police will seize your driver’s license.

After making the request, the DMV will issue a thirty-day driver’s license that will permit you to continue enjoying driving privileges. Failure to make the request will result in your driver’s license suspension.

Do Not Sign any Document Without Consulting Your Attorney

Do not enter into any agreement or sign documents without understanding them; the consequences can substantially impact your case outcome and constitutional rights. It is wise to wait for your lawyer’s advice on the content and impact of all documents the prosecution team presents.

Do Not Plead Guilty During Your Arrangement

Within 48 hours of your arrest, you will be taken before a judge for your arraignment. The purpose of the court hearing is for the court to determine your bail amount and advise you of your rights and criminal charges. The prosecution will also allow you to plead guilty and resolve the legal matter.

Regrettably, entering a guilty plea is almost always a mistake. At this stage of the criminal judicial process, you have not had a chance to talk expansively with your defense attorney nor review the charges against you. So, do not make rash decisions before consulting your knowledgeable defense attorney. 

Find Out Whether You Can Leave and Go Home

Most individuals arrested and questioned by law enforcers believe they cannot leave. Sometimes, the officers create that impression without saying it. If the police question you, you should ask them whether you can go home. If they say you are free, leave without answering any other questions. On the other hand, if they say you are not, the police should read your Miranda rights before your custodial interrogation. 

Find Competent Legal Assistance Near Me

Getting arrested at a DUI sobriety checkpoint can be overwhelming and frustrating. Any adverse conduct or behavior can negatively impact your case outcome. Therefore, it is vital to understand and take the appropriate steps to avoid worsening the matter and increase the likelihood of obtaining a favorable case outcome. Koenig Law Office, a seasoned Bakersfield-based law firm, understands a lot is at stake and can offer aggressive and compassionate representation. We can create a defense tactic that prioritizes your best interest and protects your rights. We have resources and many years of experience that you can use to build a strong defense. For a confidential consultation or to get answers to your questions, call us at 661-793-7222.