What If You Are Detained Too Long at a DUI Checkpoint In San Francisco?

In this article, you can discover…

• How to know when a sobriety checkpoint stop has become unreasonably long.
• What happens to evidence that is collected during an unlawfully delayed stop.
• How a DUI defense attorney can challenge unreasonable police behavior.

What Are Sobriety Checkpoints, And How Are They Used By California Police? 

Sobriety checkpoints are set up by California police and are funded by the State. These checkpoints can be identified by flashing lights and directional signs that move vehicles towards an area where police can stop each vehicle and observe every driver.  This is done to, ideally, help avoid profiling or bias.

These officers are checking for people who may be driving under the influence, driving without a license, and any number of code violations. If an officer suspects that something is wrong, you will not be allowed to pass through the checkpoint, but will be directed to another waiting officer who will conduct a further investigation, potentially including a field sobriety test or a request for a breath sample.

When Does A Routine Checkpoint Stop Become An Unreasonable Delay?

When a checkpoint officer waves you aside and delays you for further investigations or questions, they need to have a reasonable suspicion that drugs or alcohol may be present. They can not simply delay you without evidence that you are driving under the influence.

Reasonable evidence that justifies a longer stop may include the smell of alcohol or marijuana, an admission that you had a drink earlier that evening, or an open beer can in the front of the vehicle.

An unreasonable delay would include delays without any evidence of impairment, or delays caused by an insufficient number of officers to check each car. For example, if you’re sitting in your car for 20 minutes or more, waiting for an officer to talk to you, that’s not reasonable. Checkpoints should be properly staffed ahead of time, with enough officers on site to handle vehicles.

Attorney Aaron Bortel, Esq is a determined, seasoned DUI defense attorney serving California. Since 1992, he’s helped clients just like you determine if their checkpoint detention was unlawfully delayed and fight back against unfair charges in court.

Have questions, or in need of legal guidance after a DUI checkpoint stop? Reach out to the Law Offices of Aaron Bortel for an initial consultation today.

What Happens If Evidence Is Collected After An Unlawful Delay At A DUI Checkpoint?

If your sobriety stop was characterized by unreasonable, unlawful delays, your attorney can file a motion for unlawful prolonged detention. This would, ideally, allow a fair judge to recognize that the officer’s actions were not reasonable, and any evidence of impairment collected during the stop would then be excluded.

Why Is Documenting The Timeline After A DUI Checkpoint Detention Important For My Defense?

Documenting the timeline of your checkpoint detention to the best of your ability will help your attorney determine if your stop was unreasonable. Your timeline can then be compared to police body cam footage or police reports.

Take note of when you were first pulled over, what happened, and how long the interaction took. If you are arrested, write down these details as soon as possible following your release. A simple bullet point list mentioning times and events can be helpful.

Your timeline can also help determine if proper police procedures were followed. If they were not, your attorney can use information to help you win your case with the DMV, protect your license and driving privileges, or at least see your charges reduced.

How Can A DUI Defense Attorney Challenge An Excessively Long Checkpoint Detention?

A DUI defense attorney is critical to help protect your record, speak up for your legal rights, and identify any unlawful or unreasonable police actions during your checkpoint stop. Hiring an experienced DUI attorney is also your best chance to avoid a conviction, avoid the suspension of your license, and prevent the resulting legal and social complications.

For example, a DUI on your criminal record can make international travel difficult to impossible and can also impact your applications for loans, apartments, credit, employment, and education.
I exclusively handle DUI cases and have been representing clients in the Bay Area since 1992. My initial consultations are free, and I’m here to help you. You have nothing to lose and everything to gain by allowing a DUI attorney to fight for you and look into the background of your checkpoint detention.

Still Have Questions? Ready To Get Started?

For more information on DUI checkpoint detention time in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 520-7182 / (415) 520-6815 today.