San Diego Police Checkpoints for DUI
DUI checkpoints are used regularly throughout the country to pull over suspected drunk drivers or drivers under the influence of mind-altering drugs, prescription of otherwise. Whether these checkpoints are used correctly and how the officer conducted his or herself at these checkpoints is of concern to a San Diego DUI lawyer and can be used in a defense during a DUI case. If you were pulled over at a San Diego DUI checkpoint, your attorney will go over everything that happened at that checkpoint to see that you were not deprived of any rights.
Any procedure that happens at a DUI checkpoint San Diego needs to be done in a constitutional manner. In 1990, the case of Michigan Department of State Police v. Sitz came before the Supreme Court, and the court ruled that there was nothing unconstitutional about roadblocks and checkpoints to crack down on people driving under the influence. What were called into question were our fourth amendment rights that protect us against unreasonable searches and seizures and the court did not find that DUI checkpoints violate these rights. But, the court also left the guidelines for these San Diego DUI checkpoints more up to the states, often to be handled on a case by case basis. Therefore, in a DUI case there is often a lot left up to interpretation when checkpoints are involved and a good DUI lawyer in San Diego can use this to his or her advantage.
Your San Diego DUI attorney will also want to know what led to being stopped that night and everything that took place between you and the officer. He will also call into question how field sobriety tests were performed to see if the results were actually accurate and that any other testing like breathalyzer or blood tests for Blood Alcohol Concentration (BAC) were even warranted. If there was a wrong move performed on the part of the arresting officer then it can lead to your case being dismissed, or at least your charges being lessened and more of a chance for lighter penalties.
If convicted of a DUI, you could face steep fines, a license suspension and even jail time. Whether this is your first offense or not, this is no laughing matter and can have a profound effect on the rest of your life. Who you choose as your DUI attorney in San Diego can often make or break your case, so choose wisely and go with both know how and experience when making your choice.