Sobriety Checkpoints
Sobriety checkpoints are temporary traffic roadblocks setup by law enforcement to check drivers for any alcohol impairment. Even though they are cumbersome to setup, sobriety checkpoints serve as one of law enforcement’s most direct ways of monitoring for driving under the influence offenders. Since restricted licenses are issued to DUI offenders, sobriety checkpoints give law enforcement the ability to monitor that those drivers comply with the applicable restrictions. It also allows law enforcement to check driver’s licenses and vehicle registration.
Although law enforcement can stop every vehicle, typically they do not. They use a specific pattern to stop vehicles, such as every fourth vehicle. Any motorized vehicle must stop at a sobriety checkpoint, including  cars, trucks, motorcycles, delivery vehicles, etc. It is common to find checkpoints on holidays that are celebratory, such as New Year’s Eve or the Fourth of July. Late night and early morning have the highest probability of drunk drivers on the roads, so this is when sobriety checkpoints are often setup.
The use of sobriety checkpoints is a valuable strategy by law enforcement to discourage alcohol-impaired driving. Research has shown checkpoints are an effective determent because of the public’s perception of the likelihood of arrest. The public equates sobriety checkpoint activity with an increased probability of apprehension.
While stopped at a checkpoint, the officer may ask to search your vehicle. If they are asking you, it means they do not have legal grounds to search your vehicle. You have the right to refuse the request.
The officer may order you out of your vehicle. It is recommended that you lock the door as you exit. With you out of your vehicle, the officer may ask you to perform a field sobriety test. You also have the right to refuse this request. You are not required to submit to a field sobriety test.
The last test an officer can ask you to take is a chemical test, which usually means a breath test. However, it could mean blood or urine under the proper circumstances. The officer must be suspicious that you are driving under the influence before they can test your blood alcohol content (BAC). If you refuse to take the chemical test, it will result in consequences almost as severe as a DUI charge. Chemical tests are mandatory because of the “implied consent” law in California. This law means anyone driving on the roads of California must submit to a chemical test when asked by a law enforcement officer to determine their blood alcohol content.
There are arguments for and against sobriety checkpoints. Some claiming it is a violation of the Fourth Amendment, the right against unreasonable search and seizure. The United States Supreme Court has found properly conducted sobriety checkpoints to be constitutional.
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