“A number of cases have been brought at the state and federal levels on the legality of sobriety checkpoints since the first ones were set up in the late 1980s. Yet the court has been silent on whether motorists have to show their driver’s licenses,” McDermott said.

“Generally, DUI checkpoints are legal, at least so long as they are truly aimed at checking for sobriety and operated properly,” Alex Kreit, associate law professor at law at the Thomas Jefferson School of Law in San Diego.

According to Hayward-based attorney Amy Morell, who defends motorists charged with driving under the influence in Napa, these DUI checkpoints are legal as long as long as police officers follow a number of factors, including having a supervisor, setting the location of the checkpoint at a safe location, and doing advance publicity. “That’s where we litigate the most,” Morell said.

Kreit also said that “as a result of the U.S. Supreme court cases, the purpose of the checkpoint can be a key factor in its constitutionality. “If this was just a standard DUI checkpoint, then it’s fine. If this checkpoint was serving some other purpose, then it could be on shakier grounds,” he said.

Morell said the law prohibits the officers from impounding vehicles of drivers who do not have a driver’s license. That does not apply to motorists with suspended driver’s licenses.

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