DUI Stops and Checkpoints in LA
Driving under the influence (DUI) is a serious charge and statutes vary from state to state. There are some guidelines on what you should do if you are stopped by the police for a suspected DUI.
Field sobriety tests are used by an officer at checkpoints in California to help determine if, in his or her opinion, you are under the influence of alcohol and should be arrested for drunk driving in Los Angeles. These tests might involve:
- Balance, such walking an imaginary line or leaning back with eyes closed;
- Coordination, such as counting on the fingers or touching a finger to your nose while your eyes are closed; or
- Mental, like reciting the alphabet or counting, forwards or backwards.
The tests are often viewed as additional evidence, and whether you must comply will depend on the state you are in when stopped and requested to take the test.
Driving is considered a privilege, not a right and when you applied for your driver’s license you gave implied consent for the police to give you a breathalyzer test if they have probable cause. Refusing to take a breathalyzer test does not mean that the police will be unable to determine whether you are under the influence. In almost every state the police can take you, against your will if necessary, to the hospital to have your blood drawn. Refusing to take a blood-alcohol test can have serious consequences, including suspension of your license and being prosecuted for drunk driving.
Additionally, by refusing to participate in a breathalyzer test at a road block checkpoint you might incur additional charges. If you refuse to take it you will most likely lose your driver’s license for a longer period of time than if you had taken the sobriety test and failed it. Even if you are found not guilty of the original DUI charge, refusing to take sobriety tests can cause you to have your license suspended.
If you are stopped at a DUI sobriety checkpoint in Los Angeles, it is best to cooperate with the police but avoid making any official statements or incriminating comments until you have consulted with a drunk driving lawyer.
Should you find yourself arrested for a DUI, please contact the Payman Zargari Law Firm or call 866-958-2313 for information on representation and assistance with your DUI defense.
