Legality of DUI Checkpoints in Los Angeles

It is easy to notice that the number of DUI Checkpoints around Los Angeles have increased over the years.   The city of Los Angeles is making a conscious effort to prevent Drunk Driving and one of the most effective ways is to set up a DUI Checkpoint.   Many people believe that DUI Checkpoints are not legal and fair.   The reality is that there has many numerous case law that discusses the legality of DUI Checkpoints.

First, under the US Constitution all people under the4^th Amendment have the right to not be subjected to unreasonable searches and seizures.   The question is a checkpoint searches and seizes a citizen and their vehicle is that reasonable?

The US Supreme Court has ruled that there are 3 factors to determine whether the 4^th Amendment has been violated.   They are:

• The strength of the government’s public concern in making a seizure
• How Effective that seizure address the public concern
• The degree to which the seizure interferes with the individual’s liberty.

The Supreme Court analyzed DUI Checkpoints using the above criteria and determined that the checkpoints are legal.   In Los Angeles, prior to a DUI Checkpoint the agency conducting announces to the public when and where the checkpoint will be held.

A person facing a DUI Checkpoint in Los Angeles will probably face one of two situations.  One, if the officer actually stops the person’s car and does not suspect the person of drinking they will be allowed to leave.   Second, if the officer suspects the person of driving, than they will request the person to perform Field Sobriety Tests and depending on the results the person will be free to go or asked to give a PAS.   It is never a good idea to drink and drive, please be responsible.  

If you are currently facing a criminal charge such as Driving Under the Influence, do not hesitate to contact aLos Angeles DUI Lawyer that you can trust.   At the Law Offices of Loren M. Merlin we understand seriousness of getting a DUI.   By securing the legal assistance of an experienced DUI Attorney from our firm, you can rest assure knowing that your rights and your future will be placed into completely trustworthy hands.