DUI Answers

California Sobriety Roadblocks: A Note to Drivers

Have you been pulled over at a sobriety checkpoint in California?

If so, there are things you should know. I am attorney Blackie Burak, and I have over 36 years of experience defending individuals charged with drunk driving throughout central and northern California.

To discuss your case in a free consultation, please contact me online or call my Walnut Creek law office at 1-866-BLCKDUI.

Sobriety Checkpoints - Are They Legal?

In my opinion, sobriety roadblocks should be illegal. Unfortunately, the Supreme Court doesn't agree with me. The court has set forth are rules to regulate them, though. Without going into a lengthy discussion, the most important rule for the average driver to know is that the configuration of the roadblock must provide an escape or avoidance route. In plain words, there must be adequate advance warning to the motorist of the roadblock ahead, and there must be a way to avoid going through the roadblock (this could be a side street, freeway exit or way to turn around). The escape route regulation is the one that is commonly disregarded by the police. Even though the plan or schematic for the roadblock will contain an escape route, in reality, the route is closed. Commonly squad cars or police motorcycles will be placed at the entrance of the escape route to discourage anyone from avoiding the roadblock.

Many times it is possible to show the Court that the roadblock did not conform to the rules. (Google Earth has actually been very helpful here). If so, the judge will likely dismiss your case.

Have You Been Pulled Over at a Sobriety Checkpoint?

Although sobriety roadblocks are legal, the procedures used by police offers may not be. There may rules that were not obeyed. There may be other cracks in the case.

If you have arrested at a sobriety checkpoint, contact me as soon as possible. The sooner I can begin investigating your case, the greater the chance I can gather critical evidence. What may seem like an automatic win for the police officers may not be - I put over 36 years of experience to work for you.

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