As you know, law enforcement officers are strict on cases related to driving under the influence (DUI) because it is the leading cause of most fatal road accidents. Therefore, when law enforcement officers point out your car to pull over at a DUI checkpoint, you should know what to do to preserve your legal rights and increase your chances of fighting any probable DUI charge.
Your interaction with the officers can determine if they will arrest you or will proceed with your journey. A stop at a DUI checkpoint does not have come down to an arrest, even if you perform poorly on the sobriety tests. This article discusses reliable tips on what you do when you are pulled over for a DUI investigation at a sobriety checkpoint on the road for the best possible outcome.
What to Do When You Are Pulled Over for a DUI Investigation at a Sobriety Checkpoint
While sobriety or DUI checkpoints are very helpful in curbing road accidents which occur almost every day due to driving under the influence (DUI) of alcohol and other illegal drugs, sometimes police can violate your rights, leading to a wrongful arrest. Typically, police at the DUI checkpoint will signal your vehicle to pull over after a reasonable suspicion that you might be DUI.
Police do not need probable cause to signal your vehicle to pull over for a DUI investigation at a sobriety checkpoint. As long as a police officer has a reasonable suspicion that you were DUI, for example, by swerving or by making an illegal left turn, he/she will point out your vehicle to pull over for a brief investigation.
Failure of the law enforcement officers to follow the proper legal steps for setting up a DUI checkpoint and stopping potential suspects who might be DUI can make it unconstitutional, making any evidence against you inadmissible in court.
Although you can challenge your stop at the DUI checkpoint later, you should know your constitutional rights during the investigation to avoid being another victim of police misconduct. Here is what to do to stay on the safe side of the law when the police officers at the DUI checkpoint signals your vehicle to pull over for investigation:
Pull Over in a Safe Place Along the Side of the Road
Remember, DUI investigation starts immediately when the police signal your vehicle to pull over at a DUI checkpoint. Therefore, as you pull over, you should do so carefully and safely to show them you are a careful and cautious driver. If you slow down abruptly as you park your vehicle or you happen to park it in an unsafe location, the police officer will note this in his/her report to show you were impaired.
Have Your Essential Documents Ready and be Polite as You Talk to the Officer
Stay in the car and ensure you have your essential documents in an accessible place before the officer comes to your vehicle, including your driving license, vehicle registration, and insurance. Once you pull over, you should make the police officer believe that you are sincere and respectful by answering all his/her questions politely.
If you are hostile or rude to the officer, the more he/she is likely to believe that you are drunk driving and arrest you.
If Possible, Do Not Answer any Questions
The more you talk to police officers investigating you at a DUI checkpoint, the more likely you will provide incriminating statements that they might use against you. The police officer who will be questioning you will be keen to note if you are displaying objective signs of intoxication like slurred speech, watery or red eyes.
Even if you had one or two bottles of beer, it is advisable not to answer any police officer’s question concerning drunk driving or who you were with, or where you were. Remember, you have a legal right to refrain from answering tricky questions from the police officers at a DUI checkpoint according to the Fifth Amendment of the Constitution.
Perform the Required Sobriety Tests
When the officer reasonably suspects that you were drunk driving, he/she will ask you to step out of the car. As you come out of your car, you should avoid using its door or other parts of the car to support yourself because that is an indicator of alcohol impairment under the officer’s eyes.
Once you are out of your car, the officer will want to determine whether his/her suspicions about you driving under the influence are true or not by requesting you to perform the following two types of sobriety tests:
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Preliminary Alcohol Screening (PAS) Tests
The most common and first step the officer will take to determine if you were drunk driving is to blow a breathalyzer, also known as the PAS test. A breathalyzer is a portable device that detects alcohol in your breath vapor once you blow it.
Although a breathalyzer test enables the officer to estimate the level of your blood to the alcohol content (BAC), it is not as accurate as he/she may want you to believe. A breathalyzer test is prone to errors compared to blood or breath tests at the police station, which happen if you are under arrest.
The purpose of the breathalyzer test is to assess whether there is a probable cause to initiate a DUI arrest, depending on your level of impairment.
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Field Sobriety Tests (FSTs)
After taking a PAS test, the officer may require you to perform field sobriety tests to find more evidence against you. To physically and mentally determine your level of impairment, the officer will ask you to perform a series of field sobriety tests.
The officers will consider the poor performance of the following standard field sobriety tests as a sign of impairment and a probable cause to arrest you:
- One-leg stand
- Walk and turn
- Horizontal gaze nystagmus
Even a sober and cautious driver can perform poorly on the above standard FSTs because of an underlying medical condition, poor balance, or poor vision if it happens at night. Therefore, you can politely decline to perform FSTs because there is no correlation between your performance on these field tests and alcohol impairment.
You don’t have to perform any of the above sobriety tests at a DUI checkpoint, and the officer will not force you to do so. However, if the officer finds probable cause to arrest you, he/she will do so, and you might spend the night in police custody.
Submit a Chemical Test
Following an arrest, the officer will require you to submit a chemical test of your blood, urine, or breath at the station. You must cooperate with the officers once you are under arrest and submit the required chemical test samples for further analysis by a qualified lab expert to determine if you were DUI of alcohol or any other illegal drugs.
Under implied consent laws, refusing to submit your chemical test when you are lawfully under arrest for DUI can make you subject to negative consequences, which include:
- A longer time at the DUI school
- Suspension of driving license
- Longer jail term if the court finds you guilty of the offense
- Installation of Ignition Interlock Device (IID) in your vehicle
Talk to a DUI Defense Attorney
After an arrest and booking process for an alleged DUI charge, you should consider contacting a DUI defense attorney if you haven’t already. It is wise to have a competent attorney by your side during these tricky moments for legal counsel and representation because the possible penalties of a DUI charge are harsh and unbearable.
Possible penalties of a DUI conviction will increase if there are aggravating factors surrounding your case, like a passenger under 14 in the vehicle, prior DUI conviction record. Your attorney will fight for your rights and best interests as your case continues to achieve the best desirable outcome. Therefore, you may want to consider the following factors when searching for a reliable DUI defense attorney:
- Location
- Experience
- Cost
- Reputation
- Availability
Remember to inform your attorney of the experience you’ve had with the police officers since your encounter with them at the DUI checkpoint. The information you will discuss with your attorney will aid him/her in preparing and building defense arguments to counter DUI charges against you.
Remember to Attend the DMV hearing
After an arrest and booking process, the officers will also confiscate your driving license and give you a temporary pink driving license. Typically, the Department of Motor Vehicle (DMV) will suspend your driving license after thirty days if you have this temporary license unless you schedule a DMV hearing within ten days following your arrest date to fight for your rights to retain the license.
For a first-time DUI offense, the DMV may suspend your driving license for four months. However, for a second DUI charge, the DMV may suspend your license for up to one year, which is a long time without your driving privileges. You don’t have to attend this administrative hearing if you have an attorney because he/she can do so on your behalf.
Possible DUI Charges You Could be Subject to When You are Pulled Over for a DUI Investigation at a Sobriety Checkpoint
Depending on your specific DUI case circumstances and facts, you could face any of the following possible DUI charges under the law:
A Violation of Vehicle Code 23152(a) (Drunk Driving)
According to Vehicle Code 23152(a), it is generally unlawful to DUI of alcohol regardless of your BAC level. To secure a DUI conviction against you, the prosecutor must prove to the jury beyond a reasonable doubt that you didn’t have the mental and physical ability to drive like a cautious driver using circumstantial pieces of evidence like:
- You had a smell of alcohol
- You were driving erratically or swerving
- Your performance on FSTs was poor
- You had bloodshot, red, or watery eyes
If there are no aggravating factors in your drunk driving case like an accident, you will be subject to the following possible penalties for a first-time DUI charge:
- A maximum of six months jail term
- Informal probation for three to five years
- A fine not exceeding $390-$1000
- Suspension of your driving license for six months
- Attend a DUI school for a term of 3 to 9 months, depending on your BAC level
Note, the above penalties will become severe with every subsequent DUI conviction on your record. For instance, if it is your third DUI conviction, you will be subject to a DUI school for 30 months and a suspension of your driving license for up to three years. Your attorney can raise the following legal defenses during your trial to counter this DUI charge for the best possible result:
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The Defendant’s Driving Was Not Due to Alcohol Impairment
One way of convincing the court that you weren’t drunk driving is by countering the prosecutor’s circumstantial evidence from the officers who were arresting you. The court will consider this defense argument reasonable if the following is true:
- You had an emergency
- There was momentum distraction as you were driving
- You had fatigue
- Your vehicle had mechanical problems
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Your Performance of Field Sobriety Tests is not Due to Alcohol Impairment
Several issues that are not related to alcohol impairment can make even a sober, cautious driver perform poorly on FSTs. For instance, a sober driver can perform poorly on the typical walk and turn test at the DUI checkpoint due to the following reasons:
- Poor terrain
- Poor lighting
- Anxiety and nerves
- Medical conditions
- Uncomfortable shoes
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Police Misconduct
If the arresting officers didn’t follow the right and required legal procedures for setting the DUI checkpoint or arresting you, the court might dismiss the DUI case against you. Below are few examples of police misconduct or mistakes:
- Coercing or forcing a confession
- Pointing out your vehicle to pull over without reasonable suspicion for doing so
- Administering the FSTs improperly or incorrectly
- Failing to read or inform you of your Miranda rights
- Collecting and storing your blood samples improperly
- Arresting without a probable cause
Even if it is evident that you were drunk driving according to the prosecutor’s evidence, your attorney can raise doubt on his/her DUI case against you if the above facts are true beyond a reasonable doubt.
A Violation of Vehicle Code 23152 (b)
You violate Vehicle Code (VC)23152(b) when you DUI of alcohol with a BAC of 0.08% or above, and the offense is chargeable as a misdemeanor. Even if you didn’t display signs of impairment, the prosecutor could still file a DUI charge against you for violating VC 23152(b) as long as your BAC is 0.08% or greater and you were driving a vehicle.
Note, even if you were drunk driving against VC 23152(a) and DUI of alcohol exceeding 0.08% simultaneously, the prosecutor cannot file both DUI charges against you under the law. Possible penalties you could face for violating VC 23152(b) as a first-time offender are similar to penalties mentioned above for drunk driving against VC 23152(a).
In addition to the above mentioned legal defenses for countering a DUI charge under VC 23152(a), your attorney can raise the following legal defenses to counter a DUI charge against you for violating VC 23152(b):
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Your BAC Level Was Below 0.08% At the Time You Were Driving
After drinking an alcoholic drink, the alcohol may take some time to absorb into the bloodstream, depending on a person. Therefore, if you had a bottle of alcohol and it was absorbing into the bloodstream at the time you were driving, your BAC level may rise to unlawful levels when the officer takes your breath or blood sample two hours later at the station.
In that case, it would be wise and reasonable to argue that your BAC level was below 0.08% at the time you were driving before your stop at the DUI checkpoint. This defense could work out in your favor to dismiss or reduce this DUI charge against you to an alternative less severe charge like wet reckless under Vehicle Code (VC) 23103, which carries less severe consequences.
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Your Breath Tests Results Were Erroneous
Your BAC reading or results in the breathalyzer are prone to errors due to many reasons. A competent attorney can argue that your BAC results from the breathalyzer were not accurate due to mouth alcohol arising from:
- Dental work
- Regurgitation
- Mouthwash
- Belching or burping
- Acid reflux
Your attorney can summon a reliable medical expert to prove this DUI defense argument by showing other reasons, like the one mentioned above was the cause of your high BAC readings.
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There Was a Compromise of the Chemical Testing Equipment
If the arresting officers violate Title 17 of the Code of Regulations that defines rules for conducting DUI breath and blood tests, the test result might be erroneous. Your defense attorney might be able to convince the jury to drop the DUI case against you if the arresting officers didn’t follow the proper procedures and standards for:
- Equipment maintenance and operation
- Collection and storage of your blood/breath samples
Knowing ahead of time what to do when police signal your car to pull over for DUI investigation is vital to achieving the best possible outcome when that happens to you because DUI checkpoints are everywhere nowadays.
Find a DUI Defense Attorney Near ME
We invite you to contact reliable and aggressive DUI defense attorneys at Leah Legal for legal guidance on what to do when you are pulled over for a DUI investigation at a sobriety checkpoint. Not only will we offer you legal advice, but we also represent you through every court proceeding to fight for your interests and legal rights for a desirable outcome.
Call us now at 818-484-1100 to schedule your initial consultation with our experienced DUI defense attorneys.