Are Orange County DUI Checkpoints Legal?
As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State since the Orange County DUI arrests and other detentions often result in citizens being slapped with minor offenses. Of course, civil asset forfeiture laws allow the police to seize vehicles and share impound fees between the police and has been implemented during these stops as well.
We have examined why DUI checkpoints are a bad idea and why DUI checkpoints don’t work on our site before. Our Orange County DUI Attorneys have been vocal critics of DUI Checkpoints in Orange County.
Twelve states do not conduct sobriety checkpoints because they prohibit them by state law:
- Rhode Island,
- Wisconsin, and
Certain requirements for “Constitutional” checkpoints do apply, though. Under California DUI case law, the Ingersoll case applies, which states:
In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized. (source)
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Contact us. If you have questions about an Orange County DUI checkpoint or were arrested for DUI in Orange County, contact our Orange County DUI Defense Law Firm today. We can help you and give you an honest assessment of your case.