| California DUI checkpoints must follow strict criteria set | | | | be established with high visibility so that drivers can |
| forth by the California Supreme Court in Ingersoll vs. | | | | easily see the nature of the roadblock. The features |
| Palmer. If the police do not follow these constitutional | | | | that promote high visibility include flashing warning lights, |
| requirements outlined in Ingersoll, the checkpoint is not | | | | adequate lighting, police vehicles, and the presence of |
| lawful. That means any evidence gathered during a | | | | uniformed officers. Not only are such factors important |
| San Diego California DUI arrest may not be admissible | | | | for safety reasons, but advance warning will reassure |
| in San Diego Superior Court nor relied upon to suspend | | | | motorists that the stop is duly authorized. |
| one's driver's license at a California DMV administrative | | | | California Drunk Driving police operating sobriety |
| per se hearing. | | | | roadblocks should detain each motorist only long |
| The California Supreme Court pointed out 8 factors | | | | enough for the officer to question the driver briefly and |
| that minimize the intrusiveness on the individual, while | | | | to look for signs of intoxication, such as alcohol on the |
| balancing the needs of society to keep drunk drivers | | | | breath, slurred speech, and glassy or bloodshot eyes. If |
| off the road. | | | | the driver does not display signs of impairment, he or |
| First, the establishment and location of San Diego | | | | she should be permitted to drive on without further |
| California DUI sobriety checkpoints must be decided by | | | | delay. If the officer does observe signs of impairment, |
| supervisory police officers, not officers in the field. This | | | | the driver may be directed to a separate area for a |
| requirement is important to reduce the potential for | | | | California Drunk Driving field sobriety test. At that point, |
| arbitrary and random enforcement. drivers at San | | | | further California Drunk Driving investigation must be |
| Diego California DUI checkpoints. | | | | based on probable cause, and general principles of |
| San Diego California DUI police must use a neutral | | | | detention and arrest would apply. |
| mathematical formula, such as every driver, or every | | | | California Drunk Driving police conducting a lawful |
| third, fifth, or tenth driver to determine who to stop. | | | | sobriety checkpoint must provide advance notice of |
| This requirement takes away the discretion of the | | | | the roadblock to the public, although they are not |
| individual officer to choose to stop individual drivers | | | | required to disclose its specific location. Publicity both |
| without any legitimate basis. | | | | reduces the intrusiveness of the stop and increases |
| San Diego California DUI police also must give primary | | | | the deterrent effect of the roadblock. The thought is |
| consideration to maintaining safety for motorists and | | | | that advance notice limits intrusion upon the individual's |
| officers. In order to minimize the risk of danger to | | | | personal dignity and security because those stopped |
| motorists and police, proper lighting, warning signs and | | | | would anticipate and understand what was happening. |
| signals, and clearly identifiable official vehicles and | | | | Further, advance publicity serves to establish the |
| personnel are required. The San Diego California Drunk | | | | legitimacy of California Drunk Driving roadblocks in the |
| Driving checkpoint should only be operated when the | | | | minds of motorists. |
| traffic volume allows the operation to be conducted | | | | The Supreme Court pronounced that motorists who |
| safely. | | | | seek to avoid a roadblock may not be stopped and |
| The locations of San Diego California DUI roadblocks | | | | detained merely because they attempted to avoid the |
| also are regulated. A supervisory officer must choose | | | | California Drunk Driving roadblock. However, if the |
| a location that will be most effective in actually | | | | motorist commits a California vehicle code violation or |
| stopping San Diego California drunk drivers, such as | | | | displays obvious signs of intoxication, there may be |
| roads which have a high incidence of alcohol-related | | | | adequate probable cause to pull over the motorist. |
| accidents and San Diego California DUI arrests. | | | | Although the Supreme Court's Ingersoll decision |
| The time and duration of San Diego California DUI | | | | legitimized California Drunk Driving checkpoints, it |
| sobriety checkpoints are of key importance. Police are | | | | established strict guidelines under which the roadblocks |
| expected to exercise good judgment in setting times | | | | must be operated. If California DUI law enforcement |
| and durations, with an eye to effectiveness of the | | | | do not follow the factors set out by the California |
| operation, and with the safety of motorists in mind. As | | | | Supreme Court, the evidence gained as a result of the |
| long as these considerations are in effect, there are no | | | | roadblock may be suppressed as a violation of the |
| hard and fast rules as to the timing or duration of the | | | | Fourth Amendment rights of the motorist and may not |
| California Drunk Driving roadblock. | | | | be the basis to support a finding of a lawful arrest at a |
| California Drunk Driving sobriety checkpoints also must | | | | California DMV license suspension hearing. |