Posted On: May 6, 2010 by California Criminal Defense Attorney

DUI Checkpoint Leads to Four Arrests in Fontana

During a drunk driving checkpoint staged in Fontana, California on the weekend of May 1-2, four motorists were arrested and charged with driving under the influence of alcohol or drugs. An article in The Sun mentions that police have reported that during the 7.5 hour period in which the checkpoint was in place, 1,656 vehicles passed through the checkpoint and 187 vehicles were stopped. In addition to the four DUI arrests, 153 citations were issued for other offenses, ranging from basic traffic violations to outstanding warrants.

An increasingly prevalent law enforcement practice used to detect impaired drivers is the sobriety checkpoint. An experienced San Bernardino DUI defense attorney can determine whether a sobriety checkpoint was lawfully conducted and, in instances where police did not follow proper protocol, challenge the validity of a defendant’s arrest. The U.S. Supreme Court case of Michigan Department of State Police vs. Sitz set forth the basic guidelines that now govern police in the establishment of sobriety checkpoints. If such guidelines are not followed by law enforcement officials, any evidence gathered may be suppressed.

Not all roadblocks violate drivers' Fourth Amendment rights against unreasonable searches and seizures. The determining factor is reasonableness. Courts apply a balancing test which weighs the government's interests in protecting public safety against the intrusiveness of the stop/detention in order to determine whether a constitutional violation has occurred.

At the Law Offices of Lawrence Wolf, our California drunk driving lawyers are well-versed in the legal standards and evidentiary rules related to sobriety checkpoints. If you have been stopped at a DUI checkpoint in Southern California and subsequently charged with a DUI or other crime, your rights may have been violated. Please call (866) 390-7373 to speak to one of our experienced attorneys. We are here to stand up for your rights.