DUI Check Points in Alameda (CA Vehicle Code 23152)

DUI Check Points in Alameda (CA Vehicle Code 23152)

Rabin Nabizadeh
August 25, 2016

Twenty one police agencies will conduct a county wide DUI check point on Labor Day.  DUI checkpoints have been a police tool in California since 1984 and require adherence to strict guidelines set forth in the case of Ingresoil v. Palmer.

The court in fact set out specific rules as to the  legality of DUI checkpoints (CA Vehicle Code 23152).  These include:

1.  The decision to have a check point must be made by supervisors.  Officers can’t simply decide to conduct a check point.  That would violate the fourth amendment.

2. Officers in the field can’t decide which individuals to detain.  That is, they must use a neutral formula previously set by supervisor.

3. The ultimate consideration is public and officer safety

4. The site of the check point must correlate to a to high drunk driving incident and must be chosen by supervisors

5. The check point must be limited in duration keeping in mind the effectiveness of the check point and the intrusiveness to the public

6. Each check point must be visible

7. Detention length can’t be unreasonably long

8. Check points require advanced publicity.

If you should happen by a check point, you are allowed to leave the scene.  While officers are not allowed to detain you for simply leaving the scene, they can detain you for any traffic infraction while doing so.  If you are “randomly” selected, the officer still must have probable cause to initiate a DUI investigation.  A strong odor of alcohol on your breath is the most common way by which officers claim the required probable cause to further investigate.

Remember, you are under no obligation to submit to any field sobriety tests.  You are under no obligation to submit to a chemical test UNLESS you are under arrest.

Have a safe Labor Day weekend!

latest news

May 18, 2022
Why Term Papers For Sale May Not Be For You

In regards to faculty, many students search for and try out free term papers available on various websites. They are offered free of charge and a number of websites also offer it available with a few terms

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]