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November 2017 Archives

What is a DUI Checkpoint?

A DUI checkpoint is a mobile roadblock where law enforcement officers briefly stop traffic, briefly interview drivers and suspected DUI drivers are further detained for further sobriety testing in order to try to keep impaired drivers off the road.  The sobreity checkpoints have been ruled legal because the danger posed by DUI drivers outweighs the minimal intrusion of briefly stopping traffic without probable cause.  There are still a number of regulations which must be followed to have a "legal sobriety checkpoint".  

What Are the DUI Tests and is a Warrant Required in Oceanside?

Field Sobriety Tests: No Warrant

Police officers test for impairment in driving under the influence cases with a number of different tests. These include physical field sobriety tests - testing for horizontal gaze nystagmus, walk a straight line, heel to toe, stand on one leg, touch your nose, finger count, counting backwards, alphabet, 30-second time estimate, and hand pat. Field sobriety tests often involve several of these observational tests. The "suspect" is judged on appearance, following instructions and test performance.