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California DUI checkpoints - is the evidence admissible?

On behalf of Kenneth Krebs of Law Offices of Karlstrom & Krebsposted in Drunk Driving on Wednesday, June 25, 2014.

DUI Checkpoints are found throughout the state of California. The stops are desgined to help better ensure that the state's roadways are safe and to discourage drivers from getting behind the wheel after having too much to drink or using drugs that could impair their ability to safely operate a vehicle. Although everyone wants to have safe streets, some question the constitutionality of these DUI checkpoints.

These questions may be warranted. Officers running a checkpoint are trained to look for a variety of signs that the driver is impaired by drugs or alcohol. Police running these stops must follow the law. If an officer gathers evidence in violation of the basic rules of these stops, the evidence may not be admissible.

As a result, it is important for those charged with these crimes to take the charges seriously. If there is enough evidence gathered to lead to a conviction, harsh penalties can be applied. Criminal punishment tied to a DUI conviction in California can include imprisonment, required educational courses and various fines and fees that can result in over $10,000 in expenses.

It is wise for those who are charged to seek legal counsel. In some cases, as noted above, the evidence gathered at these stops may not be admissible in court. As a result, those who face drunk driving charges as a result of evidence gathered from a DUI checkpoint stop may be able to have the charges reduced or even dismissed. Contact an experienced DUI checkpoint attorney to discuss your case and help better ensure your legal rights are protected.

Source: SF Weekly, " Sober Up: DUI Checkpoint Scheduled for Tonight," Dave Mariuz, June 20, 2014