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California Criminal Defense Attorney - Penal Code Section 2814.2

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Expert DUI Checkpoint Defense Attorney

Experienced Attorneys Representing Individuals Facing DUI/DWI Charges in Los Angeles California

Are you facing charges related to a DUI checkpoint in California? The Law Offices of David S. Chesley is here to provide you with top-notch legal representation. Our experienced team of attorneys specializes in defending individuals accused of driving under the influence (DUI) and navigating the complexities of DUI checkpoint cases. With our in-depth understanding of California DUI laws and our commitment to protecting our clients’ rights, we are prepared to fight for the best possible outcome for your case.

Understanding DUI Checkpoint Laws in California

California Penal Code Section 2814.2

Under California law, DUI checkpoints must adhere to strict guidelines outlined in California Penal Code Section 2814.2. These guidelines govern the establishment, operation, and conduct of sobriety checkpoints to ensure that they are conducted in a lawful and non-discriminatory manner.

DUI checkpoints, also known as sobriety checkpoints or roadblocks, are legal in the state of California. However, law enforcement officers must adhere to strict guidelines to ensure that these checkpoints are conducted in a manner that respects individual rights. Some key points to know about DUI checkpoints in California include:

  • Purpose: DUI checkpoints are intended to deter drunk driving and improve road safety by allowing law enforcement officers to stop vehicles at predetermined locations to check for signs of impairment.
  • Requirements: Law enforcement agencies must adhere to specific guidelines when conducting DUI checkpoints, including providing advance notice to the public, selecting checkpoint locations based on statistical data, and using neutral criteria to stop vehicles.
  • Probable Cause: While officers can stop vehicles at a DUI checkpoint without individualized suspicion, they must have probable cause to detain a driver further or conduct a DUI investigation.
  • Consequences: If you are arrested for DUI at a checkpoint, you may face serious consequences, including license suspension, fines, mandatory alcohol education programs, and even jail time, especially if there are aggravating factors such as prior DUI convictions or injuries to others.

What to Do If You’re Charged at a DUI Checkpoint

If you find yourself facing DUI charges following a checkpoint stop, it’s crucial to take immediate action to protect your rights and build a strong defense. Here are some steps to consider:

  • Remain Calm: Stay calm and cooperative during the encounter with law enforcement officers. Avoid making incriminating statements or consenting to field sobriety tests without consulting an attorney.
  • Invoke Your Rights: You have the right to remain silent and the right to legal representation. Politely assert these rights if you are questioned by the police and refrain from answering any questions without your attorney present.
  • Document the Stop: Take note of the details surrounding the checkpoint stop, including the location, time, officers involved, and any interactions that occur. This information may be valuable in building your defense.
  • Contact an Attorney: Seek legal representation from a skilled DUI defense attorney as soon as possible. An experienced lawyer can review the circumstances of your case, challenge any evidence obtained unlawfully, and advocate for the best possible outcome on your behalf.

Why Choose the Law Offices of David S. Chesley?

Don’t face DUI checkpoint charges alone. Contact the Law Offices of David S. Chesley today to schedule a consultation and learn how we can help you defend against DUI allegations and pursue a favorable outcome. At the Law Offices of David S. Chesley, we have a proven track record of success in defending clients against DUI charges, including those arising from checkpoint stops. Here’s why we’re the right choice for your DUI checkpoint defense:

  • Experience: Our attorneys have decades of experience handling DUI cases in California and are well-versed in the intricacies of DUI checkpoint laws and procedures.
  • Strategic Defense: We understand that every case is unique, and we tailor our defense strategies to the specific circumstances of each client’s case. Whether challenging the legality of the checkpoint or scrutinizing the validity of the evidence against you, we leave no stone unturned in pursuit of a favorable outcome.
  • Dedicated Advocacy: We are committed to protecting our clients’ rights and best interests at every stage of the legal process. From negotiations with prosecutors to courtroom litigation, we will fight tirelessly to achieve the best possible result for you.
  • Client-Centered Approach: At our firm, you are more than just a case number. We prioritize open communication, personalized attention, and compassionate support for our clients throughout their legal journey.

Key Aspects of DUI Checkpoints

  • Random Selection: DUI checkpoints must be conducted at random, with vehicles selected for screening based on a predetermined pattern, such as every third vehicle. This helps to prevent discrimination and ensure that all drivers are treated fairly.
  • Visibility and Signage: DUI checkpoints must be highly visible and adequately marked with signs indicating that a sobriety checkpoint is ahead. This allows drivers to make informed decisions and choose alternative routes if they wish to avoid the checkpoint.
  • Minimal Intrusion: Law enforcement officers are required to minimize the intrusion on motorists’ rights during DUI checkpoints. This includes conducting brief and non-invasive screenings and ensuring that any detention of drivers is reasonable and justified.
  • Neutral Criteria: The selection of vehicles for screening must be based on neutral criteria, such as the predetermined pattern mentioned earlier. Officers are prohibited from singling out drivers based on factors such as race, ethnicity, or appearance.

At the Law Offices of David S. Chesley, we are dedicated to providing aggressive and effective defense representation for individuals facing DUI checkpoint charges in California. Contact us today for a confidential consultation to discuss your case and learn how we can help you protect your rights and achieve the best possible outcome.

To schedule a free consultation and case evaluation with a California DUI/DWI lawyer, please call us today at 1-800-755-5174, or contact us online.

Frequently Asked Questions

While you have the right to remain silent and decline to answer questions, California law requires drivers to comply with lawful DUI checkpoints. Refusing to cooperate may result in additional suspicion and could lead to arrest.

If you are stopped at a DUI checkpoint, remain calm and cooperative with law enforcement. Provide your license, registration, and insurance if requested, but avoid making any self-incriminating statements.

Yes, if you believe that a DUI checkpoint was conducted unlawfully or in violation of your rights, you can challenge its legality in court. Our attorneys can review the details of the checkpoint and determine if there are grounds for a legal challenge.

Evidence collected at a DUI checkpoint, such as field sobriety test results, breathalyzer readings, and observations by law enforcement officers, may be used against you in court. However, the admissibility of this evidence can be challenged with the assistance of an experienced attorney.

A skilled DUI defense attorney can review the circumstances of your arrest, identify any potential defenses or constitutional violations, and advocate on your behalf to achieve the best possible outcome for your case. Whether it's negotiating for reduced charges or challenging the evidence against you, our attorneys will fight tirelessly to protect your rights and future.

DUI Alcohol

DUI Alcohol

According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol. Learn More
DUI Marijuana

DUI Marijuana

As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases. Learn More
DUI Drugs

DUI Drugs

The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely. Learn More
Hit and Run

Hit & Run

A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement. Learn More
Drunk in public

Drunk in Public

You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum. Learn More
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Driving Without a License

The situation and circumstances of your charges play an important role in determining the conviction and penalty. Learn More

Areas We Serve

Recent Results

  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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