The Law Office of


(619) 326-8161
The Law Office of


(619) 326-8161
Put the power of an attorney who's been a
Judge's Assistant and Deputy District Attorney
on YOUR side.

DUI Checkpoints San Diego

As California cracks down on drunk-driving, San Diego DUI checkpoints have become more common. Drivers stopped at checkpoints that are found to be impaired generally are charged with Vehicle Code VC 23152(a) driving under the influence and Vehicle Code VC 23152(b) driving with a blood-alcohol-content (BAC) of .08% or greater.

That being said, when a driver is arrested for DUI at a checkpoint, it is often possible to fight the charges successfully. For one thing, police at checkpoints typically do not observe any “bad driving” (such as weaving). Therefore the fact that the person’s driving ability was really “impaired” cannot be proved.

Second, a savvy DUI defense lawyer can sometimes challenge the validity of the checkpoint itself. If this challenge succeeds, the evidence stemming from the illegal stop (your blood or breath test results) is suppressed which typically means the whole case gets dismissed (since the prosecution’s case was solely dependent on the test results that were acquired via the unlawful DUI checkpoint stop).

The case which laid out the test factors to analyze whether the California DUI checkpoint was or was not lawful is an in-depth Supreme Court case and using it to challenge the lawfulness of a DUI checkpoint takes an intimate understanding of it. Extremely simplified, it provides the foundation to construct the DUI defense that if the DUI Checkpoint did not adhere to very specific legal requirements, your DUI charge may be successfully challenged and possibly dismissed.

The eight sobriety checkpoint factors (the “Ingersoll factors”) to be considered are:

1. Law enforcement decision powers concerning the implementation of the sobriety checkpoint must have been made at a supervisory level
2. Discretion of the non-supervisory police officer is limited
3. The location and system where the checkpoint is held must be safe for motorists
4. The location for the checkpoint must be reasonable
5. Time and duration of the checkpoint is limited and short term
6. There is an official nature of the roadblock
7. The duration and nature of the detention or stop is reasonable and not excessive
8. Advance publicity (notice) – No longer considered.

The evidence that must be acquired regarding DUI checkpoints is unique and applying the Ingersoll factors to that evidence is not a task an attorney can merely quickly familiarize him/her-self with. Since you will likely only get one chance at a successful DUI defense, the decision of which attorney to use to defend your San Diego DUI should be well thought out.

Whether you have been charged or arrested for a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI or El Cajon DUI, if you’re looking for San Diego’s Best DUI Defense Attorney, you must speak with Attorney Chris Sohovich as soon as possible. Attacking DUIs is what we do best.

Contact the Law Office of Chris Sohovich now for a free case evaluation at 619-326-8161.