DUI roadblocks are part of the DUI crackdown, which began in the mid and late 1990s. Back then, alcohol caused about a third of the fatal car wrecks in Yuba County. Then, advocates like Mothers Against Drunk Driving (MADD) successfully pushed for things like tougher laws, mandatory drivers’ license suspension, and DUI checkpoints. From at least one perspective, these efforts have made little progress. Unfortunately, alcohol-related accidents still cause about a third of the fatal car crashes in Yuba County.
DUI checkpoints are controversial because they allow police officers to avoid the reasonable suspicion rule. Officers do not have to see motorists do anything wrong to pull them over. They simply have to be in the line of cars that have been rounded up or stopped at a checkpoint.
If you were arrested for DUI, you will probably need the help of a bondsman from Bail Bond Shealy (bail bonds Yuba City). You not only need to get out of jail before trial. You also probably have a lot of questions about the criminal justice process. For the most part, your Bail Bond Shealy bondsman, (bail bond near me) has the answers to all of your bail bond processing questions. Getting these questions answered by a licensed professional in Sutter County not only saves you time on the front end but also saves you time so you can get released out of jail as quickly as possible.
Are DUI Checkpoints Legal in California?
The answer to this question has changed several times over the years. Once upon a time, police officers could set up DUI checkpoints at any place and any time. Then, the Supreme Court ruled that these checkpoints violate the Fourth Amendment and were therefore illegal.
Finally, in the early 1990s, the Supreme Court and several other courts ruled that checkpoints were okay as long as they meet certain requirements. Some of these rules include:
- Pre-Checkpoint Publicity: The law enforcement agency must advertise the checkpoint in advance so motorists can avoid the area if they want. Sometimes, a social media posting is sufficient notice. Resources like this one are also available for you to see when and where a checkpoint will be carried out.
- Established Procedure: Officers on the scene can have no discretion. The checkpoint can only run for the designated hours at the designated location. Additionally, officers must pull over traffic according to a neutral formula (e.g. detaining every third vehicle).
- Minimal Delay: The total motorist delay cannot be more than about thirty seconds. The clock starts ticking when traffic starts backing up, and not when an officer comes to the window.
Other requirements include sufficient signage at the checkpoint and a safe location for the roadblock. Failure to meet any conditions could invalidate the checkpoint.
What About DUI Checkpoint Refusal?
Because officers essentially get to violate the Fourth Amendment, to even things out, drivers have lots of rights at DUI checkpoints.
You have the right to turn around and not go through the checkpoint. The signs must be far enough away from the checkpoint itself to give drivers this opportunity. Be aware that, if you exercise this right, a chase car will probably tail you for at least a few blocks.
You also have the right to remain silent at the checkpoint. You must stop if required and you must show certain documents, like your drivers’ license and proof of insurance. Technically, you do not have to answer any questions. In fact, you do not even have to roll down your window. Just be aware that you could be viewed as non-cooperative and if you are in violation of any rules or laws, you are taking a risk that may not pan out well or might catch up with you.
If you have been arrested at a DUI checkpoint in the Yuba City – Sutter, Colusa, or Butte County area or would like a free DUI bail bond consultation call Shealy Bail Bond 24/7 every day of the year at (530) 743-7000 We specialize in getting you and your friends or family out of jail quickly and discreetly. For more information about bail bonds and our bonding services http://www.bailbondshealy.com/bail-faq/
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