DUI ATTORNEY & DUI CHECK POINTS
DUI CHECKPOINT San Francisco, Marin, Oakland and all other Bay Area DUI roadblocks (check points), must meet certain criteria in order for them to be lawful. California Supreme Court ruled in a 4-3 decision (Ingersoll v. Palmer, 743 P.2d 1299 ( Cal. 1987), that DUI checkpoints may be lawfully operated by law enforcement when in compliance with Federal and State Constitutions regarding roadblocks.
The key to defending against this, sometimes unlawful detention, is to know what factors they (cops) must meet in order for the checkpoint to be legal. More often than not, they fail to present sufficient evidence to sustain the legality of the checkpoint.
If you have been detained and arrested at a DUI checkpoint in San Francisco, Marin, Oakland or any other city in the Bay area, call us today for a free consultation. We can help!