DUI Checkpoints During The Holidays: What To Expect In San Francisco

In this article, you can discover…

• Why DUI checkpoints always seem to increase during holidays.
• How DUI checkpoints differ from regular traffic stops.
• What to do if you believe your rights were violated during a holiday DUI stop.

Why Are DUI Checkpoints More Common During Holiday Weekends Like Labor Day?

On long holiday weekends, people are simply more likely to drink and use drugs. Some people might even take Friday off and party Thursday night, into Friday, Saturday, Sunday, and Monday. It’s human nature.

You’re just more likely to have people drinking and driving on holiday weekends, leading to a higher percentage of potential arrests and more DUI checkpoints.

How Does DUI Checkpoint Protocol Vary From Regular Traffic Stops?

There’s a very distinct difference. At a normal traffic stop, an officer needs reasonable suspicion to pull you over. For example, you could fail to signal, weave, speed, or cross solid lines while driving. You could be pulled over for a broken taillight or even a broken light above your license plate.

At sobriety checkpoints, the police must have a specific method in place for pulling cars over. For example, every other car or every third car. This stems from an older case called “Ingersoll Vs Palmer”, in which it was established that racial profiling at checkpoints is illegal.

More broadly, the police can not simply pick a car because it’s expensive, because the driver is a minority, or because it’s full of young people. The system for pulling vehicles aside must be systematic and consistent for it to be constitutional.

There must also be a supervisor on site, as opposed to only field officers. And the officer who pulls you over can not be the same officer who administers the field sobriety test. There are various rules that must be followed, but these rules are sometimes skipped by the officers at DUI checkpoints.

Where Are San Francisco’s Most Frequent Checkpoint Locations?

Checkpoints could be set up anywhere in the city, though many of them are set up in the Mission District and Hunter’s Point, often leading to accusations of racial profiling.

The Triangle is another popular area for DUI checkpoints. Officers may pull over 30 or more vehicles and not find anyone impaired by drugs or alcohol. They will, however, also check for people driving with a suspended license.

Downtown areas are also popular, as are entrances near the 101 or the 280 that leave the city. Overall, however, there is no one specific spot, and I’ve fought motions from locations all over San Francisco.

Do Police Need To Give Public Notice Before Setting Up Checkpoints?

Yes. One of the requirements for a DUI checkpoint is that the police need to publish that there’s going to be a checkpoint ahead of time. However, they do not need to publish where the checkpoint is going to be, which can make it very difficult to avoid the checkpoint.

In many cases, the only way to know where a DUI checkpoint was set up is by word of mouth, after a friend, neighbor, or family member notices or drives through one.

Can I Turn Around Before A Checkpoint Without Being Detained?

Technically, yes. There is supposed to be a warning of a checkpoint ahead, as well as a turnout point available so that you can avoid the checkpoint.

The problem is that police will sometimes violate the law, look for people turning around, and follow them. The person who is now being followed is likely to get nervous, make a mistake (such as not noticing a stop sign), and get pulled over.

Some DUI checkpoints may not even have required warnings, causing dozens of people to be unknowingly funneled into one.

Are Holiday DUI Arrests Treated More Harshly By Courts?

In most cases, they are handled exactly the same. However, I have occasionally seen specific judges go harder on clients when a DUI arrest occurs over a holiday, such as New Year’s. Apart from this, in most courts, DUIs are handled the same whether they occur over a holiday or not.

What If I Believe My Rights Were Violated At A Holiday DUI Checkpoint?

Whether or not you believe your rights were violated at a holiday DUI checkpoint, you should get in touch with an experienced, respected DUI defense attorney. Hire them, allow them to defend you, and aim to win the case, especially if you believe your legal rights were denied.

An attorney with ample, successful experience in DUI defense law can help demonstrate if and how a checkpoint violated your rights, giving you a much better chance of winning a motion.

I’ve been practicing DUI law for over 30 years, with most of my career focused on DUI defense exclusively. Nothing is better than having an attorney who’s experienced, who cares about their clients, and who wants to win their cases.

If you’re concerned that a DUI checkpoint stop may have violated your or a loved one’s legal rights, reach out to the Law Firm of Aaron Bortel today.

Still Have Questions? Ready To Get Started?

For more information on San Francisco DUI checkpoints, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.