Solano County Drivers beware! The City of Vallejo Police Department has announced that they will be conducting a DUI checkpoint on Wednesday evening. The location of the checkpoint has not been disclosed and the United States Supreme Court is of the opinion that law enforcement does not need to release DUI checkpoint location information. Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990)
Although the Fourth Amendment to the United States Constitution affords us all protections against “unreasonable searches and seizures”, law enforcement use of DUI checkpoints is on the rise.
The use of DUI checkpoints is gaining support nationwide in an effort to reduce DUI related accidents, injuries and deaths. The Vallejo Police Department wishes to use this DUI checkpoint to identify DUI offenders and get them off the street.
The California Supreme Court, in Ingersoll v. Palmer (43 Cal.3d 1321 (1987)), set forth guidelines in planning and administering a DUI checkpoint. The Court held the necessary standards include:
1. Decision making at a supervisory level.
2. A neutral formula must be used to select vehicles to be stopped.
3. Primary consideration must be given to public and officer safety.
4. The site should be selected by policy-making officials.
5. Limitations on when the DUI checkpoint is to be conducted and for how long.
6. Warning lights and signs should be clearly visible.
7. Length of detention of motorists should be minimized.
8. Advance publicity is necessary to reduce the intrusiveness of the checkpoint and increase its deterrent effect.
If you are arrest for a DUI in Vallejo or Solano County contact a Vallejo DUI lawyer.