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 has been cracking down on intoxicated driving, and one of the tools it uses for that crackdown is DUI checkpoints. If someone is stopped at a checkpoint and found to be intoxicated then that individual will be charged with two crimes; driving under the influence and driving with a blood alcohol level greater than .08.

It’s important to remember that San Diego DUI checkpoints have seven factors for individuals to keep in mind. Those factors are:

– the power of law enforcement officers to make decisions about the checkpoint at a supervisory/management level
– police officer discretion is limited at a checkpoint, especially if the officer is not a supervisory officer
– the location and the procedure must be safe for motorists
– the location has to be reasonable for the sobriety check
– the duration of a checkpoint has to be short term and reasonable
– all roadblocks must be completely official in nature
– the duration of any and all stops made at the roadblock are reasonable and don’t interfere with drivers

All of these different elements will be taken into consideration when determining whether or not a DUI issued at a roadblock is legal. Because there’s a blanket test, and there was no reason to suspect that a driver would be intoxicated (no weaving, speeding, etc.) these tests may be seen as invasive. A smart DUI lawyer like Chris Sohovich will be able to call these elements into question, with the result that the DUI might in fact be thrown out entirely.