What You Must Know About Sobriety Checkpoints And DUI Defense
How do sobriety checkpoints change a DUI defense? They're legal in California with notice and neutral procedures, explains San Jose attorney Stuart Kirchick. But because no bad driving was observed—you simply pulled up—the defense gains mitigation and a stronger motion to suppress. He can argue there was no weaving, and that field sobriety tests alone may not justify arrest.
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Answered by Stuart Kirchick · San Jose, CA
Highlights
Frequently Asked Questions
Are sobriety checkpoints legal?
Yes—they're legal in California when they give notice and follow neutral procedures, so a properly run checkpoint can't be challenged as an illegal stop.
How does a checkpoint help the defense?
Because no bad driving was observed—you simply pulled up—the defense gains mitigation and a stronger motion to suppress, arguing there was no weaving and that field sobriety tests alone may not justify arrest.
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