Arrested at a Los Angeles DUI Checkpoint? Call Our Lawyers
Legal Representation for Those Stopped at DUI Checkpoints in Los Angeles
California law enforcement employs the use of DUI checkpoints to catch drunk drivers. Sometimes police use unfair tactics, infringing on an individual’s rights. As a result, it is crucial to educate yourself about your rights in situations involving DUI checkpoints.
The attorneys at Werksman Jackson & Quinn LLP in Los Angeles are committed to protecting your rights and providing the skilled legal counsel you need when facing DUI charges. Head attorney Mark Werksman was selected by Super Lawyers in the field of white-collar criminal defense for over ten years in a row. Partner Alan Jackson has tried more than 85 cases to jury verdict with a career success rate of 96 percent.
Call us at (213) 688-0460 for a complimentary initial consultation to start exploring your legal options.
What are DUI Checkpoints?
Also known as a sobriety checkpoint, a DUI checkpoint is an area where law enforcement temporarily stops drivers to detect and deter drunk driving. Officers will randomly stop motorists and evaluate their sobriety through visual observation, field sobriety tests, and sometimes breathalyzer tests.
DUI checkpoints are valid under California Vehicle Code § 2814.2, which states, “[a] driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”
However, a DUI checkpoint is subject to certain legal requirements pursuant to the state and U.S. constitutions, namely:
- Supervising officers must be responsible for operational decisions;
- The criteria for stopping motorists must be neutral;
- Checkpoints are in a reasonable location;
- Adequate safety measures must be in place;
- The time and duration of a stop must reflect good judgment;
- Proper signage or “sufficient indicia” must express the official nature of the checkpoint;
- Detention of motorists must be minimal; and
- There should be advance public notice of roadblocks.
Your Rights at a DUI Checkpoint in California
When stopped at a DUI checkpoint, you have the following rights:
- Remain silent: Under the 5th Amendment, you have the right not to talk to law enforcement to avoid self-incrimination.
- Decline field sobriety tests: Law enforcement may request you to take a field sobriety test (FST) as a means of gathering evidence to support probable cause to arrest you for a DUI. You have the right to refuse this test.
- Refuse Preliminary Alcohol Screening (PAS) tests: Motorists of legal drinking age have the right to refuse handheld breathalyzer tests at DUI checkpoints without consequences. However, refusing a chemical test after being arrested can lead to penalties.
What to Do if You Are Arrested at a DUI Checkpoint in Los Angeles
If you have the misfortune of getting arrested at a DUI checkpoint in Los Angeles, calmly undertake the following steps:
- Cooperate with law enforcement: Make no attempt to resist arrest once law enforcement decides to arrest you. Doing so can exacerbate the situation and lead to further criminal penalties.
- Invoke your right to an attorney: Along with your right to remain silent, make it clear that you are asserting your right to a lawyer immediately.
- Contact a criminal defense lawyer: As soon as the opportunity arises, contact an experienced Los Angeles defense attorney to help you navigate the possible legal pitfalls associated with being arrested for DUI.
How a Los Angeles DUI Defense Attorney Can Help
It is in your best interest to face DUI charges with assistance from an experienced and knowledgeable criminal defense lawyer. Your Los Angeles DUI defense attorney will guide you through the legal process and can provide you with the following:
- A comprehensive case evaluation
- Effective defense strategies
- Advocating and negotiating for your rights and interests
- Vigorous court representation
Los Angeles DUI Attorneys Provide Top-Tier Legal Representation
Individuals facing DUI charges should seek counsel from an experienced criminal defense attorney to ensure their rights are protected and provide the best chance at a favorable outcome. A qualified Los Angeles criminal defense lawyer will be familiar with DUI cases, providing strategic guidance tailored to your unique circumstances.
The Werksman Jackson & Quinn LLP team in Los Angeles is dedicated to protecting your rights and will advocate tirelessly on your behalf. We are standing by to help you face DUI charges with confidence. Contact us today at (213) 688-0460 to schedule a free initial consultation.
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Previous Testimonial Next Testimonial- “Alan Jackson is hands down the best attorney we have worked with. Extremely professional, well liked in the court system and respected amongst all legal professionals. Took our calls at any given time and made himself available all the time.” - S.F. From Google Reviews
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