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The California Supreme Court did not declare DUI checkpoint unconstitutional. However, the Court outlined eight factors that are “important in assessing intrusiveness.” Ingersoll v. Palmer, 43 Cal.3d 1321, 1341 (1980). These factors are used to minimize the intrusiveness of a DUI checkpoint. One of the eight factors is that the DUI checkpoint must be published in advance. According to Ingersoll v. Palmer, a California Supreme Court case, the Court stated that an “advance publicity is important to the maintenance of a constitutionally permissible sobriety checkpoint.” Id at 1346. The Court further stated that “publicity both reduces the intrusiveness of the stop and increases the deterrent effect of the roadblock.” Id.
The goal of publishing the DUI checkpoints in advance is to deter people from driving under the influence. This could be achieved by “either dissuading people from taking ‘one more for the road,’ persuading them to drink at home, or inducing them to take taxicabs.” Id.
Furthermore, the “advance notice would limit intrusion upon personal dignity and security because those being stopped would anticipate and understand what was happening.” Id. Thus, according to the Court, announcing the DUI checkpoint in advance will reduce “surprise, fear, and inconvenience.” Id.
If you have questions about DUI Checkpoints, contact San Diego DUI attorney Vik Monder or visit DUI Checkpoints Attorney