The police in California can set up checkpoints for driving under the influence (DUI). At these checkpoints, police officers often stop every vehicle passing to check for evidence of alcohol consumption. They can check the drivers of the vehicles to see if their blood alcohol content (BAC) is too high.
Can you refuse one of these DUI checkpoints in California? Legally, you are allowed to turn around before you reach a DUI checkpoint in some cases.
Find out more about the specifics of a DUI checkpoint with the Simmrin Law Group. We’ll answer your questions after you call us at (310) 997-4688.
Regulations on Avoiding a California DUI Checkpoint
You are legally allowed to take steps to avoid a DUI checkpoint in Los Angeles if you haven’t been drinking alcohol. However, there are some regulations on avoiding a DUI checkpoint. For example, drivers must not break any traffic laws to avoid a DUI checkpoint.
Let’s say that you are out driving with some friends. You see a DUI checkpoint ahead on the road. There is a long line of vehicles at the stop, and you do not want to deal with the delay. You decide to try to avoid the checkpoint. However, to avoid it you have to drive across a median on the highway.
While you are legally allowed to avoid a checkpoint, you are not supposed to drive over a median. The police could leave the DUI checkpoint and stop you in this situation. You could face charges for breaking the law by driving over the median.
Required Cooperation at a DUI Checkpoint in California
Drivers are allowed to take steps to avoid a DUI checkpoint in California. However, if a driver reaches a DUI checkpoint, they are legally required to cooperate with police officers. This means they may need to:
- Stop their vehicle
- Answer questions from police officers pertaining to alcohol consumption
- Provide the officer with their license, registration, and insurance
Police officers do not perform BAC testing on everyone at a DUI checkpoint. They pick the drivers they select for testing.
Some drivers are legally allowed to refuse a preliminary alcohol screening (PAS) or field sobriety test (FST). However, you are legally required to take these tests if:
- You are under 21
- You are on DUI probation
- You are legally arrested
Refusal to comply with a legally ordered BAC test can have serious results in California. The Department of Motor Vehicles (DMV) can suspend your license if you refuse a BAC test. Additionally, refusing a PAS test or FST can still lead to a DUI arrest.
Find out more about the regulations for a DUI checkpoint by contacting a DUI lawyer in Los Angeles. The Simmrin Law Group is standing by to answer your questions. Reach out to us so we can provide you with personalized attention by calling (310) 997-4688.
DUI Charges in the State of California
Drivers can get charged with a DUI at a checkpoint stop in California. There are a number of charges used to prosecute DUIs in our area. Most drivers face charges under Vehicle Code (VEH) §21352. This charge has many different sub-categories, which can cover:
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Driving under the combined influence of alcohol and drugs
These are only examples of drug and alcohol charges in Los Angeles. You can also face other criminal charges at a DUI checkpoint. For example, let’s say that you are stopped and do not have your license. You could face charges for driving without a license.
Police officers can also issue citations if there is a problem with your vehicle. Let’s say that your right tail light is broken and you arrive at a DUI checkpoint. The police can issue a citation that requires you to fix the problem. You could also be fined for this defect in your vehicle.
Handle DUI Charges in Los Angeles
Our team is here to help if you were charged with a DUI in California. We know how to help you in court after a DUI checkpoint. We’ll focus on getting your charges reduced. We can even get your charges dismissed in some cases. Find out how by contacting us now.
Speak to a Lawyer About Refusing a DUI Checkpoint in California
Can you refuse a DUI checkpoint in California? You can avoid a checkpoint if you can turn around legally. However, if you reach a checkpoint, you must comply with police officers.
Learn more about DUI checkpoints from our team at the Simmrin Law Group. Call members of our team at (310) 997-4688. You can also fill out our online contact form.
We’ll build a defense if you were charged with a DUI. Find out how with a free consultation.