The winter holidays bring warmth, family, parties…and, as often as not, sobriety checkpoints. They’re bad enough when you haven’t been anywhere near alcohol, but if you’ve had a drink, even if you’re not intoxicated, they can really make your heart pound. Keep reading to find out how to avoid a DUI checkpoint.
According to California law, DUI checkpoints in Glendale – or anywhere else in the state – must publish notice of when and where they will be operating. If you’re going out, check the papers or the Internet and simply plan a route around any sobriety checkpoints. You might want to do this especially around the holidays!
The law also says that DUI checkpoints must post clear warning signs before you reach them. Keep an eye out for those signs. They can save you a lot of inconvenience.
No one has to go through a sobriety checkpoint. The signs posted must give you directions for avoiding the checkpoint by either turning off onto another street or turning around. It is perfectly legal for you to follow these instructions and re-route yourself safely around the checkpoint.
Did you know that the police cannot detain you for opting to avoid a DUI checkpoint? That’s true! They can, however, stop you for breaking a traffic law. If you make an illegal U-turn or run a stop sign, for instance, the police are well within their rights to pull you over. At that time, they can also look for any signs or symptoms of intoxication and investigate further if you appear to be drunk or high.
A DUI checkpoint must be published in advance. It must be set up in a location that meets specific criteria for public safety. The police can only detain you long enough to determine whether you’ve been drinking. If you show no obvious signs of intoxication, they must let you go. A supervisor must be present at all times. Finally, you must be given a fair opportunity to leave the checkpoint if you want to.
If you plan in advance and pay attention to warning signs, you should have no problem avoiding DUI checkpoints this holiday season. If you are stopped for driving under the influence, however, remember to contact an attorney as soon as possible. Your attorney can ensure that your rights are respected and that your case reaches the best resolution possible.
Please note that although you can legally avoid a DUI checkpoint, this is not an excuse to drink a drive. Never sit behind the wheel intoxicated; remember to take personal responsibility.
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