Friday, November 6, 2009

California DUI / Drunk Driving checkpoints must adhere to strict guidelines or else they are unlawful

Weekends are ripe for California DUI Checkpoints. Although the California Supreme Court’s Ingersoll decision legitimized California DUI / Drunk Driving checkpoints, it established strict guidelines under which the roadblocks must be operated.

When California DUI police do not follow the factors set out by the California Supreme Court, the evidence gained as a result of the DUI roadblock may be suppressed as a violation of the Fourth Amendment rights of the motorist and may not be the basis to support a finding of a lawful arrest at a California DMV license suspension hearing.

If you or a loved one needs help with a California DUI case click here: Free San Diego County Drunk Driving Defense Survey to find out your best strategy and defense.