Each year, officers in the Traffic Unit of the San Francisco Police Department participate in several different DUI sobriety checkpoints throughout the City of San Francisco and the surrounding parts of the Bay Area. The funding for these DUI sobriety checkpoints is provided through a grant from the California Office of Traffic Safety and the National Highway Traffic Safety Administration (NHTSA).
For anyone arrested in a DUI sobriety checkpoint, a criminal defense attorney can file and litigate a motion to suppress the evidence because the initial stop was illegal and unreasonable under the Fourth Amendment of the United States Constitution.
DUI checkpoint cases are more difficult for the prosecutor because they must prove that the entire checkpoint was set up properly, used a proper operational plan, and was executed in accordance with the operational plan. Any deviation can result in all evidence from every stop in the entire checkpoint being suppress or excluded.
Call the criminal defense attorneys at Ticket Crushers to discuss your traffic stop in a DUI sobriety checkpoint and the best ways to fight the case. Call 1 (866) 842-5384 today to discuss the case.
The Typical DUI Checkpoint in California
DUI sobriety checkpoints are often conducted in some Cities and Counties in California, between the hours of 7 p.m. and 3 a.m., and usually on a Friday or Saturday night. Many of the checkpoints are scheduled on holiday weekends or on New Year’s Eve each year.
The DUI Checkpoints are supposed to be placed in locations based on collision statistics and frequency of DUI arrests in order to afford the greatest opportunity to deter drunk and drugged driving. The location for each checkpoint should be chosen with safety considerations for the officers and the public in mind.
In support of the checkpoints, local law enforcement claims that the checkpoints create a deterrent effect to reduce the number of persons killed and injured in crashes involving alcohol or drugs. Law Enforcement will point to research showing that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized sobriety checkpoints and proactive DUI patrols are conducted routinely.
During the DUI checkpoints, officers look for signs of alcohol and/or drug impairment when officers check drivers for proper licensing. The checkpoints are supposed to only delay motorists momentarily.
Statistics and Studies in California DUI Checkpoint Cases
Law Enforcement uses specially trained officers to evaluate people suspected of drug-impaired driving, including driving under the influence of marijuana or a combination of alcohol and marijuana. The police department points to recent statistics which reveal that 30 percent of drivers in fatal crashes had one or more drugs in their systems.
A recent study of active drivers showed more tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol. Of course, the study did not recognize that marijuana stays in the system long after any impairment has ceased.
The National Highway Traffic Safety Administration (NHTSA) claims that checkpoints have provided the most effective documented results of any of the DUI enforcement strategies, while also yielding considerable cost savings of $6 for every $1 spent. Additionally, law enforcement officers in California claim that nearly 90 percent of California drivers approve of DUI checkpoints.
Finding a California DUI Defense Attorney for Checkpoints
If you were arrested for DUI or another offense at a DUI checkpoint conducted in California, CA, then contact an experienced criminal defense attorney at Ticket Crushers. We represent clients charged with a first DUI or a second DUI or subsequent offense.
Whether the case involves a breath test or blood test or a refusal to submit to testing, our DUI Defense lawyers in California, can help you fight the charges. Call us to find out more about fighting the administrative (APS) suspension.
Call 1 (866) 842-5384 for a free consultation today.
- Administrative Per Se Suspension
- California DUI Statistics
- DUI in Commercial Motor Vehicle
- DUI Personal Injury Claims
- Sobriety Checkpoints
- Underage 21 DUI in California
What is a DUI defense in California?
A DUI defense in Southern California, particularly in areas like San Mateo County, involves specialized legal strategies employed by defense attorneys to challenge the prosecution’s case against individuals charged with driving under the influence. These experienced DUI defense lawyers are well-versed in the intricacies of DUI laws and can provide guidance throughout the legal process, ensuring a comprehensive approach to protecting your rights.
What is the legal blood alcohol limit in California for DUI?
In California, the legal blood alcohol limit for DUI, especially in areas like San Mateo City, is set at 0.08% for individuals aged 21 and older. This means that exceeding this limit can result in DUI charges.
What are the penalties for a first-time DUI in California?
When individuals in San Mateo County and surrounding areas are charged with a first-time DUI offense, they may face severe penalties. Specialized DUI defense attorneys in these regions can tailor their defense strategies to the unique aspects of local jurisdictions, working to minimize penalties like license suspension, fines, probation, and even jail time.
How long does a DUI stay on your record in California?
A DUI can stay on your record in Southern California for up to 10 years, with no possibility of expungement.
Can you refuse a breathalyzer test in California?
In San Mateo City, it’s crucial to understand the implications of refusing a breathalyzer test. DUI defense attorneys with local knowledge can provide tailored advice, considering the implied consent law and its application in the specific jurisdiction. They can help you make informed decisions regarding testing and guide you through the potential consequences.
What are the consequences of refusing a DUI test in California?
Refusing a DUI test in Southern California can result in administrative penalties like license suspension under the implied consent law.
How much does a DUI defense cost in California?
The cost of DUI defense in California varies but often ranges from $2,500 to $5,000 for first-time DUI representation. It’s essential to choose a DUI defense attorney familiar with the local landscape, to ensure that your defense strategy aligns with the specific jurisdiction’s legal nuances.
Can you get a DUI expunged in California?
A DUI conviction cannot be expunged in Southern California, but DUI defense attorneys in San Mateo County can guide you through alternative legal strategies and programs to minimize the impact of a DUI conviction on your record.
Do I need a lawyer for a DUI in California?
When facing a DUI charge in California, it’s crucial to seek legal representation from a specialized DUI defense attorney, particularly in regions like San Mateo County. These experienced attorneys understand the local legal landscape and can provide guidance and legal defense strategies tailored to the specific jurisdiction, ultimately improving your chances of a favorable outcome
Are there DUI diversion programs in California?
California does offer DUI diversion programs in areas like San Mateo County, as alternatives to traditional DUI penalties, allowing eligible individuals to address underlying issues and potentially have charges dismissed or reduced.
Is a wet and reckless better than a DUI?
A wet and reckless charge is offered as an alternative to a DUI in California, with potential benefits due to lighter penalties and less severe long-term consequences. Specialized DUI defense attorneys in these regions can assess whether a wet and reckless charge is the right choice based on your case’s unique circumstances and local jurisdiction.
What is the difference between a DUI and a wet and reckless in California?
A wet and reckless is a reduced charge involving reckless driving under the influence of alcohol, offered as an alternative to a standard DUI charge. It may carry lighter penalties, but it’s essential to consult a DUI defense attorney with local knowledge to navigate the jurisdiction-specific aspects of the charge.
How long does a wet reckless stay on your record in California?
A wet reckless conviction in California can remain on your record for up to 10 years, with visibility during that time frame, particularly to law enforcement and government agencies in areas like San Mateo County and Southern California.
What is a wet and reckless in California?
A wet and reckless is a reduced charge involving reckless driving with alcohol or being under the influence of drugs. It’s offered as an alternative to a standard DUI charge. It may carry lighter penalties, but it’s essential to consult a defense lawyer with local knowledge to navigate the jurisdiction-specific aspects of the charge.
How long is probation for a wet reckless in California?
Probation for a wet and reckless charge in Southern California usually lasts three to five years, with standard terms and conditions, but may vary based on specific jurisdiction requirements, making the assistance of a defense lawyer essential to ensure compliance and resolution of the case effectively.