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Orange County DUI Checkpoint Lawyer


Guidelines for evaluating the intrusiveness of an Orange County DUI checkpoint stop:

• Decisions to establish checkpoints and regarding site selection and procedures should be made by supervisors and not officers in the field.

• Decisions about which motorists are stopped should be made by applying a neutral formula and should not be at the officer’s discretion.

• Primary consideration must be given to the safety of motorists and officers.

• The checkpoint must be at the most effective location to achieve the governmental interest, that is, on roads with high rates of alcohol–related accidents or arrests.

• Officers must exercise good judgment as to the time and duration of the checkpoints, considering effectiveness and safety.

• The checkpoint must appear to be duly authorized, with high visibility, warning signs, police vehicles and uniformed officers.

• The length of time each motorist is detained must be minimal. If the motorist does not display signs of impairment, they must be permitted to drive without further delay.

• If the officer observes signs of intoxication, the motorist may be directed to a separate area for field sobriety tests, at which point further investigation must be based on probable cause.

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