100 Most Asked Questions About DUI Checkpoints, Laws, and Penalties in California

DUI Checkpoints (General Info)

What is a DUI checkpoint?
A DUI checkpoint is a law enforcement roadblock to check for impaired drivers.
Are DUI checkpoints legal in California?
Yes, they’re legal under California law and must follow specific rules.
Why do police set up DUI checkpoints?
To catch impaired drivers, reduce drunk driving, and improve road safety.
Do checkpoints catch a lot of drunk drivers?
Not always, but they act as a strong deterrent.
Who runs the DUI checkpoints?
Usually local police departments or California Highway Patrol.
How are drivers selected at checkpoints?
Officers must follow a neutral pattern, like stopping every 3rd car.
Can DUI checkpoints be set up anywhere?
They must be in areas with a history of DUI accidents or arrests.
Are checkpoints marked with signs?
Yes, police are supposed to post signs warning drivers.
Are DUI checkpoints only in big cities?
No, they can happen in small towns and rural areas too.
How often do checkpoints happen?
Mostly on weekends, holidays, or special enforcement periods.

Can I turn around before a checkpoint?
Yes, legally — as long as you don’t break traffic laws.
Do I have to stop at a checkpoint?
Yes, it’s required by law.
Do I have to answer questions at a DUI stop?
No, you can politely decline beyond giving ID and documents.
Can I refuse a breath test?
You can refuse the roadside test if not arrested, but refusing a test after arrest has serious penalties.
Can police search my car at a checkpoint?
Not without consent, a warrant, or probable cause.
Do I have to show my driver’s license?
Yes, you must present valid ID, registration, and proof of insurance.
Can I film the checkpoint stop?
Yes, as long as it doesn’t interfere with the officers’ work.
How long can police detain me at a checkpoint?
Only a few minutes unless they suspect you’re under the influence.
Can they arrest me just for smelling alcohol?
No, but it can lead to further testing.
What if I have open alcohol in the car?
That could lead to citations or arrest if you’re impaired.

What’s the legal limit for blood alcohol (BAC) in California?
0.08% for adults, 0.01% for drivers under 21, and 0.04% for commercial drivers.
Can I get a DUI without drinking alcohol?
Yes, if you’re impaired by drugs — even legal or prescribed ones.
What is a “wet reckless” charge?
A reduced DUI charge with lighter penalties.
How long does a DUI stay on my record?
A DUI stays on your criminal record permanently and DMV record for 10 years.
Can I be charged with DUI for marijuana?
Yes, if you’re impaired while driving.
What happens if I refuse a chemical test after arrest?
Automatic license suspension and possible increased penalties.
Can I get a DUI on private property?
Yes, DUI laws can apply on private roads open to the public.
What’s the difference between a DUI and DWI?
California uses DUI (Driving Under the Influence); other states use DWI (Driving While Intoxicated).
Can passengers drink in the car?
No, open container laws apply to both drivers and passengers.
Can you get a DUI for prescription drugs?
Yes, if the drug impairs your ability to drive safely.

What happens if I’m arrested for DUI?
You’ll be booked, possibly spend the night in jail, and face charges in court.
Do I need a lawyer for a DUI charge?
It’s strongly recommended, especially for first-time offenses.
How soon will I go to court after a DUI arrest?
Usually within a few weeks of your arrest.
What’s an arraignment?
Your first court appearance where you plead guilty or not guilty.
Can I fight a DUI charge?
Yes — with legal help, many DUI charges are reduced or dismissed.
What if I was sleeping in my car?
You can still be charged if police believe you were recently driving.
Can I post bail after a DUI arrest?
Yes, bail is often available unless there are serious injuries involved.
Will a DUI show up on a background check?
Yes, unless it’s expunged or sealed.
Can I get a DUI expunged?
Yes, in most cases after probation is completed.
What happens if I miss my DUI court date?
A warrant may be issued for your arrest.

What are the penalties for a first-time DUI?
Fines, license suspension, DUI classes, and possibly jail time.
Is jail mandatory for a DUI?
Not always for first offenses, but it’s possible.
How long will my license be suspended?
6 months for first offense, longer for repeated offenses.
Do I need an ignition interlock device (IID)?
Yes, most DUI convictions now require an IID.
How much does a DUI cost?
It can cost $10,000 or more including fines, fees, classes, and insurance.
Will my car insurance go up?
Yes — your rates can double or even triple.
Can I drive to work with a suspended license?
Only if you qualify for a restricted license.
What is DUI probation?
A court-ordered period (3–5 years) with rules you must follow.
What if I get another DUI while on probation?
Penalties are harsher, including longer jail time and license revocation.
Are DUI checkpoints counted as probable cause?
The stop itself is legal, but officers need cause to do further searches or arrest.