DUI Checkpoints Articles

Can You Refuse a Breath Test If Pulled Over for DUI?

Traffic stops are stressful events. You see red lights flashing in your mirror, hear the sirens, and the intimidating demand to pull over from the voice coming through the cruiser’s speaker. Add to this that you probably have no idea why you are being stopped, and you have the ingredients for a situation in which you might inadvertently waive your constitutional rights. One of the most common mistakes people make…

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Why We Publicize DUI Checkpoints

We get a lot of feedback on our social media postings for announcing the locations of DUI checkpoints in Southern California. Among the most common questions we receive: “Why do you publicly announce these locations? Aren’t law firms like yours helping people get away with driving under the influence by issuing these advanced warnings about checkpoints?” The answer is simple: We do it because the police do it, and the…

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How to Have a DUI-Free St. Patrick’s Day Weekend in Orange County

All across Orange County, people are looking forward to St. Patrick’s Day festivities at their favorite restaurants and bars. Large crowds are expected starting Friday and going well into Monday, the actual date of St. Patrick’s Day this year. In addition to free-flowing green beer, you should also expect to see an increase in DUI checkpoints throughout Orange County targeting intoxicated drivers. Last year, 45 people were arrested on suspicion…

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Are DUI Checkpoints Legal?

Almost all of us have experienced it. You’re driving home on a Saturday night and you see a line of cars stopped at a DUI checkpoint. At these checkpoints, cars are stopped by law enforcement in random order without any reasonable suspicion. But the Fourth Amendment protects against unreasonable searches and seizures, so how are DUI checkpoints legal? Do DUI Checkpoints Violate Fourth Amendment Rights? The U.S. Supreme Court has…

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Why Announce DUI Checkpoints?

Many of us have had our nights delayed by DUI checkpoints. What many people do not realize is that these DUI checkpoints in California are announced ahead of time. Some people scope out the internet to find routes to avoid before going out so they can avoid DUI checkpoint locations. So, why announce DUI checkpoints ahead of time? This is a question that tons of people ask. Doesn’t it help…

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What’s the Real Reason for DUI Checkpoints?

Most everybody knows what a DUI checkpoint is, and many drivers have had the experience of being stopped at one. For law enforcement, sobriety checkpoints are a way to catch people who are driving under the influence of alcohol or drugs. For drivers, this can be an inconvenience, but it is accepted because these checkpoints take drunk drivers off the road. However, how many times have you ever been through…

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DUI Checkpoints: A Fine Line Between Asserting Your Rights and Non-Compliance

  One DUI attorney in Florida has attracted national attention after showing that it could be well within your Constitutional rights to merely crack your window, hand the police your license and registration in a bag, along with a note saying “I Remain Silent, No Searches, I Want My Lawyer” at a DUI checkpoint. Background on the Law In 1990, the U.S. Supreme Court said that it was constitutional for…

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Turning Your Back on a DUI Checkpoint

As Labor Day weekend approaches, law enforcement agencies are planning to set up DUI checkpoints all over Southern California. With that in mind, it is important to know what your rights are with respect to avoiding these checkpoints. Is It Legal to Turn Around Before Entering a DUI Checkpoint? Under California law, a driver has the right to avoid entering a DUI checkpoint. California’s Supreme Court has ruled that one…

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Is Warning People About DUI Checkpoints a Crime?

Many of us know somebody who has been arrested for a DUI. It goes without saying that driving under the influence of alcohol or drugs greatly endangers yourself, and the lives of the countless other drivers on the roads with you. Police officers set up DUI checkpoints to catch people who are impaired and driving drunk. Specifically, they set them up in high-traffic areas on busy nights, when there is…

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What Are Your Legal Rights When at a DUI Checkpoint? DUI Checkpoint Refusal Explained

DUI Checkpoint Refusal Explained: Legal Survival Guide Ep 1 Attorney Matt Wallin of Wallin and Klarich explains the law behind this popular video, which takes place at a DUI checkpoint. Matt Wallin answers these questions: Do you have to show ID at a DUI checkpoint? What are "objective symptoms"? Is "being detained" differed from "under arrest"? What are the passengers' rights? Watch the video to learn about your rights and…

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