From an article in the Orange County Register: “Starting Dec. 27, the Laguna Beach Police Department will conduct its first of four DUI checkpoints for the holiday season at an unidentified location on Coast Highway in Laguna Beach.”
Especially around the holiday season, police departments engage in aggressive DUI enforcement. Extra patrols and DUI checkpoints are just some of the tools they use. So what do you do if you find yourself in a checkpoint? Obviously, comply with the officers in proceeding through the checkpoint. Under the guidelines in case law the police are required to follow, not necessarily every driver will be stopped and contacted. If you are singled out for “further investigation,” keep your rights in mind. As I wrote in another post, you are NOT required to perform the “field sobriety tests.” You are required to submit to an official test to determine your blood alcohol level or face automatic suspension of your driver’s license and increased punishment if convicted of DUI. Keep in mind though – just because the police say you’re above the 0.08% level, it does not mean that you can’t fight the charges. The accuracy of the testing, along with the timing of the test with your last drink can impact your blood alcohol level.
If you do get arrested for DUI, whether it was in a checkpoint or a random stop by police, protect your rights. The DMV may take action against your license. You have only a limited time to fight against a license suspension.
To discuss your case further, contact my office any time.