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DUI Checkpoint Issues in Fremont, CA

DUI Checkpoint Issues in Fremont, CA

One of the most recent DUI checkpoints in the city of Fremont, California was held in the area of Fremont Blvd. and Mission View Drive. While some DUI checkpoints held in Alameda County are at undisclosed locations, other locations are posted on the Internet, and there are even phone apps to identify them.

Suppose you have been at The Back Door Lounge on Fremont Blvd., shooting pool, playing darts or listening to the jukebox with friends. Or perhaps you were at another popular Fremont Blvd. hangout, such as Kirby’s Sports Bar or Coach’s Sports Bar. In any case, you may have had a bit too much to drink, then found yourself stopped at a DUI checkpoint. What should you do in this situation?

Legal Guidelines for DUI Checkpoints

It is important to understand that in order to hold up under the California Constitution as well as the United States Constitution, Fremont DUI checkpoints must follow these specific guidelines:

  • Safety precautions must always be taken by the police
  • The checkpoint location must be in a reasonable area
  • There must be neutral criteria for stopping motorists
  • All operational decisions must be made by supervising officers
  • Good judgment must be reflected regarding the checkpoint’s time and duration
  • Drivers should be detained for a minimal amount of time
  • The DUI checkpoint should be publicly advertised in advance
  • The official nature of the checkpoint must be evident

Are You Allowed to Avoid a Fremont DUI Checkpoint?

If you unexpectedly encounter a DUI checkpoint, you may wonder whether you are allowed to turn around and avoid the checkpoint. In theory, departmental rules prohibit police officers from stopping drivers solely because the driver intentionally avoided the DUI checkpoint.

In reality, the police officer may claim you committed a traffic violation or displayed obvious signs of intoxication in order to pull you over.

You could also have any type of defect on your vehicle, such as a cracked tail light, which would allow the officer to pull you over after observing you avoid the DUI checkpoint.

What to Expect at a Fremont DUI Checkpoint

If you are stopped at a Fremont DUI checkpoint, you will be asked to roll down your window, then the officer will request your license and registration. If you have a valid driver’s license, but either don’t have it with you, or choose not to show it to the officer, you could be charged with California Vehicle Code 12951; the charges are dismissable when you show you possessed a valid license at the time of the stop.

If your license is currently suspended or revoked, you could be charged under California Vehicle Code 12500 or 14601. If driving without a valid license is the only charge, your vehicle will not be impounded.

If all is well with your license and registration, the officer will likely engage you in a brief discussion to learn if you have been drinking. If alcoholic beverages are in clear view in your vehicle, you smell of alcohol, you have difficulty retrieving your driver’s license and/or registration, your speech is slurred, your eyes are red or there are any other signs of impairment, you may be asked to step out of your vehicle and participate in field sobriety tests. You are not legally required to participate in these field sobriety tests. Refusal of a chemical test could result in a one-year license suspension and a $125 fine.

The Most Crucial Decision You Can Make After a DUI Arrest

If a Fremont DUI checkpoint results in your arrest, the most important decision you will make is to immediately contact a Fremont DUI attorney. Attorney Nabiel Ahmed is an experienced DUI defense lawyer who will ensure your rights are protected from start to finish. Your attorney will be able to assess the specific facts of your DUI arrest, determining the best course of action. That course of action could be to fight the charges zealously or to negotiate a plea bargain with the prosecutor, which will allow you the minimum amount of adverse consequences.

Call the Oakland Law Offices of Nabiel C. Ahmed today to set up a free review of your case. We are available for phone consultations and jail interviews. Fill out a confidential contact form or call us at (510) 907-6600 today.

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