DUI Attorney Mark Malachowski (415) 983-0717

Aggressive, Effective DUI Defense

Holiday DUI Checkpoints

Sobriety CheckpointsSobriety Check Point, DWI, DUI, Drinking

With the holidays approaching, Sobriety Checkpoints or DUI Checkpoints set up in the Bay Area will stop drivers to briefly examine them for signs of intoxication. If signs of intoxication are detected, the motorist will be directed to pull over, their driver's license and car registration checked and further sobriety tests conducted, and possibly they will be arrested.

The Supreme Court has ruled that a State's use of highway sobriety checkpoints does not violate the Fourth and Fourteenth Amendments to the United States Constitution. Michigan Department of Police Et Al. v. Sitz, 496 U.S. 444 (1990). It is not illegal to avoid the checkpoint, but any infraction committed while doing so will probably result in being pulled over.

However, you are not required to take the field sobriety tests (FSTs). You may respectfully decline.

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