Santa Barbara Judge May Declare Some California DUI Checkpoints Were Illegal

A Santa Barbara Superior Court Judge is being asked to rule that California DUI checkpoints are being illegally operated.

If the judge determines that this is the case, it will not only change how California DUI checkpoints are operated in the future (if at all), but will likely result in a number of DUI convictions being overturned where the arrests were made at these sobriety roadblocks.

In 1990, the U.S. Supreme Court ruled that DUI checkpoints are legal, as long as the officers overseeing the checkpoints follow a variety of very specific procedures.

The current Santa Barbara case is based on the argument that officers are not following these procedures and, therefore, previously conducted checkpoints that failed to comply with these rules were illegal. The case also argues that any checkpoints going forward must be in strict compliance, otherwise, they will be deemed illegal as well.

If you or someone you know has been arrested for suspicion of driving under the influence in California at a sobriety checkpoint, contact our California DUI attorneys today.