In an effort to crack down on driving under the influence (DUI), law enforcement officers throughout the state frequently set up checkpoints. Approaching one of these stops can quickly fill a driver with apprehension, even if they have done nothing wrong. This leads many motorists to wonder what their rights are and how best to handle the checkpoint so they can continue on their way without incident.

Knowing what to expect at a checkpoint, and which steps to take if you are arrested or given a ticket related to the stop, is important to avoid severe legal repercussions. For all questions related to Contra Costa County DUI checkpoints, count on The Law Offices of Johnson & Johnson.

What Are DUI Checkpoints?

Sometimes called a sobriety checkpoint, a DUI checkpoint is a temporary roadblock intended to identify and arrest any drivers who are caught operating their vehicles under the influence of drugs or alcohol. Law enforcement officers usually set up these stops in areas with a history of DUI incidents. Checkpoints are more common during times of high traffic volume in these areas, for instance on holidays or weekends.

Officers do not set up these checkpoints randomly, but strategically select areas where DUIs are known problems. It’s not unusual to see them near sporting events and festivals, on major roads and highways, and in parts of Contra Costa County where bars and restaurants are concentrated.

Law enforcement agencies must provide advance notice of these checkpoints, one purpose of which is to deter drunk driving. The notice should include information about the date, time, and general location of the checkpoint. Roadblocks should be clearly visible to approaching motorists, for instance with warning signs and flashing lights.

How to Handle a Contra Costa County DUI Checkpoint

If you approach a checkpoint, you need to know how best to handle the traffic stop so you can protect your rights. Our office advises that you do the following:

  • Slow down and stop when officers direct you: The law requires you to stop at a checkpoint when an officer directs you to do so. The officer will point you to where you need to stop.
  • Be respectful to the officer: Leave your hands on the steering wheel until the officer instructs you to remove them, and be courteous to the officer. Doing so can avoid many unnecessary problems.
  • Retrieve your vehicle and identifying documents when asked: The officer will ask for your license, registration, and insurance information, which you should provide. Beyond this, you should politely decline to answer any questions such as where you have been, where you are going, and whether you have consumed any alcoholic beverages.
  • Consider taking a field sobriety test: The Contra Costa County law enforcement officer may ask you to take a field sobriety test. A field sobriety test measures a driver’s coordination, balance, and cognitive abilities, but the results are not always accurate. While you have the right to refuse this, you could be arrested and subjected to a breathalyzer or other test.
  • Take a breathalyzer test: The officer may also request that you take a breathalyzer test. Although you can refuse this, California will suspend your driver’s license for a year. There are ways to challenge these test results, too.
  • If you are arrested: If the law enforcement officer decides to arrest you, remain calm and do not resist (which could add additional charges). Request a phone call to a DUI defense attorney but otherwise remain silent.

Know Your Rights at a DUI Checkpoint

Protecting your legal interests begins with knowing and exercising your rights. At a Contra Costa County DUI stop, you have the right to:

  • Remain silent: While you are required to hand over vehicle and identifying documents (license, registration, and proof of insurance), you are not required to – nor should you – answer any additional questions, especially as they pertain to alcohol or any traffic violations you’ve allegedly committed.
  • Refuse a sobriety test and breathalyzer test: As mentioned above, you do technically have the right to refuse these. But you could face significant penalties like license suspension. Take the time and think carefully before refusing these tests.
  • Refuse to give consent to a search: You should clearly and firmly (but calmly) refuse to consent to any search of your vehicle or your person. Law enforcement might conduct a search anyway if they have probable cause to believe a crime has been committed, but at no point should you consent to it.
  • Request legal counsel: You have the right to ask for an attorney if you are arrested at a Contra Costa County check point. You should politely ask for one and then exercise your right to remain silent.
  • Document the stop: You may also document the checkpoint and your encounter with law enforcement officers, for instance by recording video. However, you must not interfere with police work in doing so.

Contact Our Contra Costa County Criminal Defense Attorney

Have you or a loved one been arrested for a DUI or issued a citation for another traffic offense at a DUI checkpoint? If so, it’s time to connect with The Law Offices of Johnson & Johnson’s criminal defense team. Protect your rights and interests by contacting us now.

Which penalties could I face at a DUI checkpoint?

If you don’t have your license, registration, or insurance, you could face potentially significant fines in the hundreds of dollars, license suspension, and even jail time. The penalties for a DUI are much more serious and involve possible jail time, fines, probation, license suspension, having an ignition interlock device installed, and higher automobile insurance premiums.

Can I turn around at a DUI checkpoint?

It is legal for a driver to intentionally avoid a DUI checkpoint in Contra Costa County. However, you must do so safely. If you break any traffic laws in turning around (e.g. by making an illegal u-turn) or display any signs of driving under the influence, law enforcement will likely stop you.

What if the checkpoint is illegal?

There are guidelines that law enforcement officers must follow concerning checkpoints, for instance displaying proper signage to alert drivers and not being discriminatory in which drivers they ask to pull over for tests. Your attorney will review the facts surrounding the checkpoint to see if it was illegal. If so, your lawyer may contest your charges in court.

Can I challenge field sobriety or breathalyzer tests?

If you take one of these tests and the officer believes they show you are intoxicated, there still may be ways to challenge the results. For instance, the field sobriety test may have been given on an uneven surface or without clear instructions. You can potentially dispute a breathalyzer test, meanwhile, if the device was not calibrated or the officer administering the breathalyzer was not properly trained.

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DUI Checkpoints

In an effort to crack down on driving under the influence (DUI), law enforcement officers throughout the state frequently set up checkpoints. Approaching one of these stops can quickly fill a driver with apprehension, even if they have done nothing wrong. This leads many motorists to wonder what their rights are and how best to handle the checkpoint so they can continue on their way without incident.

Knowing what to expect at a checkpoint, and which steps to take if you are arrested or given a ticket related to the stop, is important to avoid severe legal repercussions. For all questions related to Contra Costa County DUI checkpoints, count on The Law Offices of Johnson & Johnson.

What Are DUI Checkpoints?

Sometimes called a sobriety checkpoint, a DUI checkpoint is a temporary roadblock intended to identify and arrest any drivers who are caught operating their vehicles under the influence of drugs or alcohol. Law enforcement officers usually set up these stops in areas with a history of DUI incidents. Checkpoints are more common during times of high traffic volume in these areas, for instance on holidays or weekends.

Officers do not set up these checkpoints randomly, but strategically select areas where DUIs are known problems. It’s not unusual to see them near sporting events and festivals, on major roads and highways, and in parts of Contra Costa County where bars and restaurants are concentrated.

Law enforcement agencies must provide advance notice of these checkpoints, one purpose of which is to deter drunk driving. The notice should include information about the date, time, and general location of the checkpoint. Roadblocks should be clearly visible to approaching motorists, for instance with warning signs and flashing lights.

How to Handle a Contra Costa County DUI Checkpoint

If you approach a checkpoint, you need to know how best to handle the traffic stop so you can protect your rights. Our office advises that you do the following:

  • Slow down and stop when officers direct you: The law requires you to stop at a checkpoint when an officer directs you to do so. The officer will point you to where you need to stop.
  • Be respectful to the officer: Leave your hands on the steering wheel until the officer instructs you to remove them, and be courteous to the officer. Doing so can avoid many unnecessary problems.
  • Retrieve your vehicle and identifying documents when asked: The officer will ask for your license, registration, and insurance information, which you should provide. Beyond this, you should politely decline to answer any questions such as where you have been, where you are going, and whether you have consumed any alcoholic beverages.
  • Consider taking a field sobriety test: The Contra Costa County law enforcement officer may ask you to take a field sobriety test. A field sobriety test measures a driver’s coordination, balance, and cognitive abilities, but the results are not always accurate. While you have the right to refuse this, you could be arrested and subjected to a breathalyzer or other test.
  • Take a breathalyzer test: The officer may also request that you take a breathalyzer test. Although you can refuse this, California will suspend your driver’s license for a year. There are ways to challenge these test results, too.
  • If you are arrested: If the law enforcement officer decides to arrest you, remain calm and do not resist (which could add additional charges). Request a phone call to a DUI defense attorney but otherwise remain silent.

Know Your Rights at a DUI Checkpoint

Protecting your legal interests begins with knowing and exercising your rights. At a Contra Costa County DUI stop, you have the right to:

  • Remain silent: While you are required to hand over vehicle and identifying documents (license, registration, and proof of insurance), you are not required to – nor should you – answer any additional questions, especially as they pertain to alcohol or any traffic violations you’ve allegedly committed.
  • Refuse a sobriety test and breathalyzer test: As mentioned above, you do technically have the right to refuse these. But you could face significant penalties like license suspension. Take the time and think carefully before refusing these tests.
  • Refuse to give consent to a search: You should clearly and firmly (but calmly) refuse to consent to any search of your vehicle or your person. Law enforcement might conduct a search anyway if they have probable cause to believe a crime has been committed, but at no point should you consent to it.
  • Request legal counsel: You have the right to ask for an attorney if you are arrested at a Contra Costa County check point. You should politely ask for one and then exercise your right to remain silent.
  • Document the stop: You may also document the checkpoint and your encounter with law enforcement officers, for instance by recording video. However, you must not interfere with police work in doing so.

Contact Our Contra Costa County Criminal Defense Attorney

Have you or a loved one been arrested for a DUI or issued a citation for another traffic offense at a DUI checkpoint? If so, it’s time to connect with The Law Offices of Johnson & Johnson’s criminal defense team. Protect your rights and interests by contacting us now.

Which penalties could I face at a DUI checkpoint?

If you don’t have your license, registration, or insurance, you could face potentially significant fines in the hundreds of dollars, license suspension, and even jail time. The penalties for a DUI are much more serious and involve possible jail time, fines, probation, license suspension, having an ignition interlock device installed, and higher automobile insurance premiums.

Can I turn around at a DUI checkpoint?

It is legal for a driver to intentionally avoid a DUI checkpoint in Contra Costa County. However, you must do so safely. If you break any traffic laws in turning around (e.g. by making an illegal u-turn) or display any signs of driving under the influence, law enforcement will likely stop you.

What if the checkpoint is illegal?

There are guidelines that law enforcement officers must follow concerning checkpoints, for instance displaying proper signage to alert drivers and not being discriminatory in which drivers they ask to pull over for tests. Your attorney will review the facts surrounding the checkpoint to see if it was illegal. If so, your lawyer may contest your charges in court.

Can I challenge field sobriety or breathalyzer tests?

If you take one of these tests and the officer believes they show you are intoxicated, there still may be ways to challenge the results. For instance, the field sobriety test may have been given on an uneven surface or without clear instructions. You can potentially dispute a breathalyzer test, meanwhile, if the device was not calibrated or the officer administering the breathalyzer was not properly trained.