Fourth Amendment Rights Pertain to Search and Seizure

The Fourth Amendment, which supports the Bill of Rights, is designed to protect you from any type of infringement with respect to search or seizure. While a warrant is required for the majority of search and seizures, there are exceptions to this mandate, one of which is any search performed in a motor vehicle. Evidence that is plainly in view, such as open containers of beer, also does not require a warrant in order to make an arrest.

The Rules of the Road

Generally, in order for the police to stop you or pull you over, they must suspect that you’ve either committed a crime or are in the process of doing so. So, when you look at the Fourth Amendment to the Constitution, you might wonder about the legality of DUI checkpoints.

Where DUI Checkpoints are Typically Established

DUI checkpoints, also referred to as roadblocks, enable the police to stop cars randomly to see if the driver is inebriated. Usually, the checkpoints are established in areas that, historically, are the setting for a high number of DUI arrests – arrests that typically occur on holidays or in the wee hours of the morning.

Protecting the Public

Given the wording of the Fourth Amendment then, you might think that such a checkpoint is unconstitutional. However, the Supreme Court has made checkpoints an exception to the rule, upholding a ruling in 1990 that the roadblocks are permissible. According the jurists, a state’s goal toward reducing the number of people driving drunk overrules any violations with regards to citizen’s rights.

Where Sobriety Checkpoints are Not Enforced

While the highest court in the land permits sobriety checkpoints to stand, some states don’t agree with the court’s view. Ten states in the union do not require the practice, including Wyoming, Michigan, Iowa, Idaho, Rhode Island, Oregon, Minnesota, Texas, Rhode Island, and Wisconsin.

Each State is Responsible for Establishing Its Checkpoint Procedures

In all the other states, where sobriety checkpoints are set up, legislators can establish their own rules. The National Highway Traffic Safety Association has outlined some basic guidelines for states to follow in this regard.

Setting Up a Checkpoint

Fundamental guidelines emphasize the need to establish an ongoing program – one which prevents drivers from driving while under the influence. In the interest of public safety then, checkpoints are established in areas that have had a large number of DUI arrests.

A Breathalyzer or Access to Testing is a Primary Checkpoint Feature

A Breathalyzer should be located at a checkpoint or a system put into place where a suspected drunk driver is immediately taken to a site for testing. Officers manning the roadblocks should also be adequately trained to detect and investigate impairment without disrupting the flow of traffic.

Open Container Laws in California

In California, the California Highway Patrol (CHP) supervises sobriety checkpoints. According to the agency, it is also illegal to possess an open container of alcohol in a vehicle, whether you are the driver or the passenger. The only place an open container can be kept is in the trunk of a car, or away from a car’s occupants.

Blood Alcohol Levels for Drivers

The law states that anyone who is driving is also giving consent that they will submit to a Breathalyzer or blood test to determine sobriety. Individuals driving under the influence, whose blood alcohol is 0.08% or more, are breaking the law. Truckers who are operating a commercial vehicle, whose blood, when tested, registers 0.04%, can be arrested too.

Underage Drinkers

If a driver is under 21 and his blood alcohol reading is 0.01% more, then he stands a good chance that his license will be revoked or suspended. If an underage driver has a reading of 0.05% or more, then he is also subject to arrest. Law officers in California take a dim view of driving while intoxicated, even if the driver has had just one drink. Any amount of alcohol can slow reaction time.

Contact a Lawyer Immediately if You are Arrested for DUI

So, if you find yourself in a situation where you’ve been pulled over for driving while drunk, you need to make sure you obtain immediate legal representation. Otherwise, you can find yourself in jail, your car impounded, and having to pay a hefty fine. It’s imperative to contact an attorney who specializes in DUI law as you can lose your driving privileges if you don’t appear before the court within ten days of your arrest.

What to Seek in an Attorney

When seeking a firm, look for one that offers a first consultation free of charge and provides its services on nights and weekends. Seek a legal representative who charges a low flat fee and features a number of payment options.

The Blalock Law Firm is a well-known DUI firm in the San Francisco and Oakland area that offers all the aforementioned services. If you or someone needs their assistance, the firm can easily be contacted toll-free at 1-888-550-9815.

About Author: June Malone is a legal writer in San Francisco. For further information about your DUI rights, contact a DUI attorney Oakland firm that is well-versed in DUI defense. Again, the Blalock law firm can assist you in this regard. Call them at 1-888-550-9815 or at (510) 394-1925 if you live in Oakland.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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