Driving under the influence (DUI) is a criminal offense that can alter your life in many ways. Apart from losing a driving license, you could be subject to hefty fines and prison sentences, especially if you have prior conviction history of the same offense. Steps you will take immediately after an arrest at a checkpoint for DUI will affect your case’s outcome in many ways.
Traffic police officers at a checkpoint have a way of building DUI cases on flimsy evidence, making many people end up with wrongful convictions. This article will discuss what to do when you are arrested at a checkpoint DUI to know how to protect your legal rights and interests.
What to Do Following an Arrest at a DUI Checkpoint
If you were driving under the influence and the police arrest you at a DUI checkpoint, your next move will affect your case’s outcome. A DUI charge can impact your life in many ways if the court finds you guilty of the charge, especially if there was an accident leading to injuries or death.
A DUI arrest can make you feel embarrassed or mad, but the most important thing to do is figure out your next move, the kind of charge you are facing, and whether you have a chance of fighting the charge or not. To achieve the best outcome following an arrest at a DUI checkpoint, you should explore all your options for the best defense strategies.
The best tactic in fighting a DUI case following an arrest at a DUI checkpoint comes when your carefully and strategically review every piece of evidence surrounding your case line by line to build defense strategies. Below are helpful steps to take following an arrest at a DUI checkpoint:
Consider Your Bail Options
When the police arrest you at a DUI checkpoint for a first-time DUI offense, they may release you shortly after the arrest without having to post bail. However, they can take you through the arrest and booking process, meaning your case is not over because they will require to appear for an arraignment hearing.
On the other hand, you may have to stay in police custody before your arraignment date if your offense involves a hit and run, a fatal collision, or it's a felony. In that case, it would be in your best interest to post bail to stay out of police custody before your DUI case's final verdict. Bail can be in the form of money or asset to guarantee the court that you will show up for your future court appearances, not only the arraignment.
The DUI bail amount will depend on your criminal record/history and other circumstances surrounding your case. Typically, you may have to pay a bail amounting to up to $100,000 or more for a felony DUI offense.
If you cannot afford to pay the money, you should consider contacting a bail bond company to post the bail on your behalf in exchange for you paying 8-10 percent of the required total amount.
If you do not post bail after an arrest at a DUI checkpoint, you will have to stay in police custody before your case arraignment. Posting bail before your case trial is helpful because it gives you more time to build legal defense strategies with your attorney.
Call a DUI Attorney
When police arrest you at a DUI checkpoint, you should consider contacting a DUI attorney as soon as you can to have someone by your side to fight for your legal rights. The process of fighting the charges against you becomes easy when you have an attorney familiar with DUI cases by your side.
The best way to fight an arrest at a DUI checkpoint is to know and understand the laws surrounding these kinds of cases and how you can use them in your favor. You can use the law to hold the arresting officers liable for following proper procedure at a DUI checkpoint, and that where your attorney comes in to fight for your best interests.
Ensure you seek recommendations from your friends and relatives to find a reliable and available attorney who can help you post bail if you face felony DUI charges to fight your case out of police custody.
Force the District Attorney (DA) to Prove You Were Driving
Intoxication or being under the influence of alcohol and other drugs is not enough to warrant a police officer to arrest you for a DUI charge. During your case trial, the prosecutor must prove beyond a reasonable doubt that you were driving or in physical control of an automobile, which is often challenging to prove, especially if there was an accident.
In case of an accident where police arrive at the accident scene later, it would be difficult to prove that you were driving because they were not there during the accident occurrence. If there weren’t any witnesses at the accident scene, your attorney could counter DUI charges against you by arguing that you weren’t driving during the accident occurrence.
Force the DA to Establish That You Were Under the Influence
Strategies that traffic police officers use to establish whether you were driving under the influence or not are prone to errors. Breath tests at a DUI checkpoint are not as accurate as the traffic officers want you to believe because a breathalyzer can display a higher percentage of blood to alcohol concentration (BAC) than you currently have under certain circumstances.
You should not be in custody if you were not driving under the influence during the time of the arrest at the DUI checkpoint. If you are under arrest for violating Vehicle Code section 23152 (b), with the help of your DUI attorney, you should force the DA to prove that you were driving with a BAC of 0.08% or higher. To do this, the DA will rely on your performance or results from the Field Sobriety Tests (FSTs), breath and blood tests
With the help of your DUI attorney, you might be able to dismiss the police officers’ evidence indicating that you were driving under the influence by raising numerous arguments.
For instance, your attorney can question police officers’ observation and opinions from the sobriety tests at the DUI checkpoint warranting your arrest by raising the following arguments:
- The presence of alcohol in your breath vapor was not due to intoxication, which is possible and a reasonable argument if you use an alcoholic mouthwash at home or if you had a stomach acid reflux
- The breathalyzer and other equipment for testing your BAC level had mechanical issues
- The results of your breathalyzer tests were not accurate due to temperature
- Apparatus for storing your blood samples had contaminants or were not clean and sterilized
- Your performance on the field sobriety tests (FSTs) is not a clear indication that you were under the influence
Determine If Your Arrest Was Due to a Violation of Your Miranda Rights
It is unlawful for police officers at a DUI checkpoint to arrest you without informing you of your Miranda rights, protecting you from self-incrimination. Police officers can coerce drivers to give incriminating statements after stopping at a DUI checkpoint.
Your attorney could suppress the incriminating statements or evidence the arresting officers have against you if they didn’t inform you of your Miranda rights before the arrest. If that was the case with your arrest at a DUI checkpoint, you should inform your attorney in advance because it is a viable legal defense argument to counter the charges against you.
Attend Department of Motor Vehicle (DMV) Hearing
When law enforcement officers arrest you at a DUI checkpoint, they will confiscate your driving license and send it to the Department of Motor Vehicle (DMV) for an administrative license suspension hearing.
Apart from the usual DUI criminal charge hearing in court, you must also attend a DMV license suspension hearing within ten days of your arrest. The purpose of this hearing in DUI cases is to establish whether the DMV has proper grounds to suspend your driving license, which the arresting officers confiscate after an arrest at a DUI checkpoint.
When you fail to request this hearing within ten days following your DUI arrest at a DUI checkpoint, you will forfeit your rights to challenge this administrative suspension of your driving license. Typically, for DMV to suspend your driving license following an arrest at a DUI checkpoint, the state must prove that:
- The arresting officers had reasonable suspicion to believe that you were in control of a motor vehicle
- You were driving with a BAC of 0.08% or more
- Your arrest at the DUI checkpoint was lawful
While a DMV hearing is different from a DUI court case, it crucial to have legal representation by your side because the loss of a driving license can affect your day-to-day life in many ways. The evidence your attorney will use to fight for your best interests during the DMV hearing can still be applicable in the court to reduce or fight DUI charges against you.
Review and Evaluate the Legality of the DUI Checkpoint
It is unlawful to place a DUI checkpoint on the roadways without following proper instructions. With a reliable and experienced DUI attorney, you can review and evaluate the legality of the DUI checkpoint to determine if your arrest was legal. To challenge the legality of the DUI checkpoint, your attorney can raise the following legal defense argument:
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There Wasn’t Prior Advertisement of the DUI Checkpoint
Before setting up a DUI checkpoint, law enforcement agencies must advertise the DUI checkpoint at least a week earlier through televisions, newspapers, radio, or other reliable advertisement means.
Proper advertisement of DUI checkpoint is essential to enable drivers to plan their routes, bearing in mind the sobriety checkpoint’s location. If you are under arrest and there wasn’t prior advertisement of the roadblock or DUI checkpoint, it is possible to fight for dismissal or an alternative, less severe charge.
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There Wasn’t Adequate Safety Precaution at the DUI Checkpoint
Law enforcement officers must consider safety when deciding the location to place a DUI checkpoint or roadblock. To ensure a DUI checkpoint is safe for motorists using the highway or road, law enforcement officers will consider the following factors:
- Make the roadblock visible from a distance to enable approaching drivers to slow down
- Street layout
- Traffic patterns
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There Was Lack of Probable Cause to Detain You
When police officers at a DUI checkpoint signal your vehicle to pull over, they must make their investigation as brief as possible as they check whether you have signs of intoxication. Police officers must have probable cause or reasonable suspicion that you were driving under the influence to detain you after stopping at a DUI checkpoint.
An intelligent and knowledgeable attorney can challenge the accuracy of the arresting officers’ observations, like the smell of alcohol in your mouth to show that the arresting officers had no reasonable suspicion of detaining you.
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The Arresting Officers Didn’t Comply to the Predetermined Rules of Stopping Cars at a DUI Checkpoint
The criteria for stopping drivers at a DUI checkpoint must be neutral. Signaling particular car models, people of a certain age or skin color to stop is not acceptable, and it’s unlawful. Even if the selection of your car to pull over was random, your attorney might be able to prove to the court that the arresting officers were negligent in complying with the predetermined procedure for stopping cars at a DUI checkpoint.
If your DUI case reaches the trial bench, an experienced and reliable attorney can raise these kinds of defense arguments to counter the charges against you. Your attorney can prove to the court that your arrest at the DUI checkpoint was unconstitutional or illegal to reduce or dismiss the charges against you.
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Location of the DUI Checkpoint Was Unreasonable
Location is an important factor to consider when placing a DUI checkpoint legally. When law enforcement officers are placing a DUI checkpoint roadblock, they must ensure the location is reasonable and safe. Typically law enforcement officers will put a DUI checkpoint roadblock on areas where there are high incidences of people driving under the influence or accidents.
Setting up a DUI checkpoint roadblock in that kind of location is reasonable to reduce DUI cases and accidents related to DUI. If your attorney can provide viable evidence proving that the DUI location was unreasonable, you might be on the right path to winning the DU case against you.
Events following a DUI arrest at a DUI checkpoint can be confusing, especially if it’s your first-time offense. You need to do everything you can to protect your legal rights and interests to avoid a wrongful conviction.
Prepare for Your DUI Case Trial
If you are lucky to fight your DUI case out of police custody, you should consider seeking valuable information from any eyewitnesses to help you build your legal defense strategies. A DUI case trial revolves around complex laws, but if you have a knowledgeable and experienced attorney by your corner, you shouldn’t worry.
To prove you guilty of the alleged DUI charge during a trial, the prosecution team must prove every piece of evidence against you beyond a reasonable doubt, for example:
- You were driving
- Your BAC is 0.08% or above
- You were on the roadway
During the trial, your DUI attorney has the opportunity of countering the DUI charges against you by raising several legal defense arguments, for example, lack of probable cause for your arrest.
Am I Eligible for DUI Arrest Record Sealing?
If you have a DUI arrest record, you can file a petition to the arresting law enforcement agency to seal and destroy your arrest records for a fresh start without criminal records. The arresting law enforcement agency has the option to approve your petition or not. Hence, it is advisable to retain an attorney to increase your chances of convincing them that your arrest at the DUI checkpoint was based on non-factual evidence.
If they agree to your petition, you should expect your DUI arrest record sealing to happen within three years. You have a maximum of two years from the date of your arrest at the DUI checkpoint to file a petition to seal and destroy your DUI arrest records.
Filing a DUI arrest record sealing petition is the best way to ensure a false arrest record does not interfere with your ability to secure employment, a bank account, or an apartment. Ensure you retain the services of a criminal defense attorney if you or your friend is under arrest at a DUI checkpoint for legal representation because consequences arising from a DUI conviction can affect your entire life.
Find a DUI Attorney Near Me
Arrests at a DUI checkpoint are inconveniencing and confusing simultaneously, but you can fight the arrest if you know what to do in advance. We invite you to contact knowledgeable and aggressive attorneys at Los Angeles Criminal Attorney at 424-333-0943 for legal guidance on what to do when arrested at a checkpoint DUI to protect your legal rights.
