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Pulled Over at a San Diego DUI Checkpoint? Do Not Make These 3 Common Mistakes

By San Diego Attorney on February 17, 2025

If you find yourself pulled over at a San Diego DUI checkpoint, what you do next can dramatically affect the legal outcome. This post breaks down three of the most common mistakes drivers make during a DUI checkpoint stop and how to avoid them.

It is important to be careful what you say, not to submit to a field sobriety test, and to contact a lawyer right away. Additionally, we will cover key DUI defense strategies in California, how to prevent self-incrimination, and what steps to take if you are arrested.

DUI Checkpoints Are Legal in California—But That Does Not Mean Anything Goes

Under California law, DUI checkpoints are allowed as long as they meet specific constitutional requirements, such as:

• Giving advance public notice of the checkpoint
• Choosing checkpoint locations based on safety and effectiveness
• Using neutral, pre-determined criteria for stopping vehicles (e.g., every third car)

While legal, these checkpoints are still bound by the U.S. Constitution, especially the Fourth Amendment, which protects you from unlawful searches and seizures. Understanding your rights during a DUI stop is the first step to protecting yourself.

Mistake #1: Talking Too Much at the Checkpoint

One of the biggest mistakes drivers make during a DUI stop is saying too much. When nerves kick in, people try to explain themselves or answer every question in detail, hoping to appear cooperative. Remember: You have the right to remain silent.

You are legally required to provide your license, registration, and proof of insurance. Beyond that, you are not required to answer questions such as:

• “Have you had anything to drink tonight?”
• “Where are you coming from?”
• “How much sleep have you had?”

Answering these questions may seem harmless, but anything you say can be used against you later in court. If you are trying to avoid a San Diego DUI checkpoint arrest, keeping your answers minimal is one of the smartest things you can do.

What You Should Say

Politely but firmly state, “I choose to remain silent and speak to an attorney.” It may feel awkward at the moment, but it helps prevent self-incrimination and gives your legal team more to work with if charges are filed.

Mistake #2: Submitting to Field Sobriety Tests Voluntarily

Many drivers believe they are legally required to take field sobriety tests (FSTs), like walking a straight line or following a pen with their eyes, but this is not true!

In California, you are not required to take these tests if you have not been formally arrested. These tests are highly subjective and often lead to false positives, especially if you are tired, anxious, or have physical conditions that affect balance or coordination.

What You Should Do

If an officer asks you to perform a field sobriety test before placing you under arrest, you can decline. Say, “I do not consent to any field sobriety tests.”

Important: This is not the same as a chemical test. If you are arrested, refusing a post-arrest breath or blood test can carry automatic license suspension and other penalties under California’s implied consent law.

Mistake #3: Not Contacting a DUI Lawyer Right Away

Even if you are arrested at a DUI checkpoint, that does not mean you are guilty or that you are out of legal options. In fact, DUI checkpoint arrests are often defensible due to procedural errors, unlawful detainment, or lack of probable cause.

Key Points for DUI Defense Strategy in California

• Checkpoint legality: If the DUI checkpoint did not follow legal protocols, your attorney may be able to get evidence suppressed or the case dismissed entirely.
• Improper police conduct: Were you detained too long without cause? Was the officer aggressive or misleading?
• Questionable test results: Breathalyzers and blood tests are not flawless. Calibration errors, contamination, or improper handling of samples can create opportunities to challenge the results.
• Medical conditions: Acid reflux, diabetes, or certain medications can mimic intoxication signs or skew chemical test results.

A skilled San Diego DUI defense lawyer can analyze these factors and develop a defense tailored to your case. Do not wait until it is too late to act.

What to Do If You Are Arrested at a San Diego DUI Checkpoint

Here is a step-by-step guide to follow if you are arrested.

Stay Calm and Compliant

Do not resist arrest. Do not argue with the officer. Comply calmly, even if you believe the arrest is unjust, as resisting can lead to additional charges.

Invoke Your Right to an Attorney

After being arrested, clearly state, “I want to speak to a lawyer.” Do not answer any questions or make any statements without legal counsel present.

Document Everything You Can

As soon as possible, write down everything you remember.

• Time and location of the checkpoint
• What the officers said and did
• How long you were detained
• Whether you were asked or ordered to perform tests

Details fade quickly; your memory could be the key to building your defense.

Contact a DUI Defense Attorney Immediately

Do not try to navigate the legal system alone. The penalties for a DUI conviction in California can include:

• License suspension
• Fines and court costs
• Mandatory DUI school
• Probation
• Jail time

A strong attorney can often reduce or eliminate these penalties by challenging the validity of the stop, the arrest procedure, and the evidence gathered.

Talk to an Experienced DUI Lawyer in San Diego

At jD Law Criminal Defense Attorneys, our law firm has handled countless San Diego DUI checkpoint arrests. We know how to challenge weak evidence and procedural missteps. We can guide you through your options and fight for the best possible outcome—because one mistake should not define your future.

Founding attorney James N. Dicks has over three decades of legal experience and has received the AVVO Client Choice Award seven times! Our experienced DUI lawyer can provide an aggressive legal strategy aimed at getting the charges against you reduced or dismissed altogether.

Call (760) 630-2000 to schedule a FREE consultation with our firm today.