The holidays are here in Santa Rosa and Sonoma County — Thanksgiving dinners, Christmas parties, New Year’s Eve celebrations, and events like the Rose Parade or summer’s Sonoma County Fair mean more people on the roads and, unfortunately, more DUI checkpoints and traffic stops.
If you’re pulled over at a sobriety checkpoint or during a regular traffic stop in Santa Rosa, Rohnert Park, Petaluma, or anywhere in Sonoma County, knowing your rights can make all the difference. This guide from Conway Law explains exactly what California law allows (and doesn’t allow) police to do — and what you can legally do to protect yourself.
Are DUI Checkpoints Legal in California?
Yes — but only if they follow strict rules set by the California Supreme Court in Ingersoll v. Palmer (1987). Checkpoints must be:
- Publicly announced in advance
- Supervised by commanding officers (not just line officers)
- Conducted with neutral criteria (e.g., every 5th car, not selective profiling)
- Set up with adequate warning signs, lights, and safety measures
Santa Rosa Police Department and the California Highway Patrol (CHP) almost always post upcoming checkpoint locations on their websites and social media the day before or the morning of the operation. You can check:
- Santa Rosa PD Facebook or Nextdoor announcements
- CHP – Santa Rosa Area press releases: https://www.chp.ca.gov/find-an-office/north-bay-area/santa-rosa
- AvoidDUI campaign calendar: https://www.avoidduisocal.com/
Pro tip: If you see a checkpoint ahead and there is a safe, legal place to turn around before entering (without breaking any traffic laws), California courts have repeatedly ruled that you have the right to avoid it (People v. Banks, 1993).
Your Rights at a DUI Checkpoint
- You do NOT have to answer incriminating questions
Officers will ask, “Have you been drinking tonight?” You can politely decline:
“Officer, I choose to exercise my right to remain silent.” - You must show your driver’s license, registration, and proof of insurance when asked — refusing these can lead to a separate citation.
- You do NOT have to roll your window all the way down
California law only requires you to lower it enough to pass documents and communicate. - You do NOT have to perform Field Sobriety Tests (FSTs)
Unlike the chemical test (breath/blood) after arrest, the roadside gymnastics (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are 100% voluntary in California. Politely decline:
“Officer, I respectfully decline to perform any field sobriety tests.” - You do NOT have to take a roadside “Preliminary Alcohol Screening” (PAS) breath test before arrest (unless you are under 21 or on DUI probation with a condition requiring it).
You can say: “I will submit to a chemical test only after arrest as required by law.”
Why You Should Politely Decline Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) itself admits these tests are only 65–82% accurate even when administered perfectly — and they rarely are at 1 a.m. on the side of Highway 101. Factors that can cause false failures:
- Age over 65
- Weight 50+ pounds over ideal
- Back, leg, or inner-ear problems
- Nervousness, fatigue, or poor lighting
- Uneven roadside surface
Many innocent, completely sober drivers fail or perform poorly.
What Happens If You’re Arrested Anyway?
If the officer believes they have probable cause, they can arrest you. At that point:
- You MUST submit to a chemical test (breath or blood) at the station or face automatic license suspension under California’s Implied Consent Law (VC §23612).
- You have the right to a phone call — use it to contact an experienced DUI attorney immediately.
How Conway Law Can Help
If you or a loved one has been arrested for DUI in Santa Rosa or anywhere in Sonoma County, early intervention is critical. Conway Law has successfully challenged:
- Illegal checkpoint procedures
- Improperly administered (or voluntary) field sobriety tests
- Faulty breathalyzer calibration and maintenance records
We offer a free, no-pressure consultation 24/7. Call us at (707) 608-9942 or submit your case online below.
Quick Holiday Driving Checklist (Stay Safe & Legal)
- Designate a sober driver or use Uber/Lyft/Wingz
- Never drink and drive — even one drink can impair judgment
- If you do drink and need to move your car later, wait at least 1.5–2 hours per drink
- Keep all registration and insurance documents easily accessible
- Know your rights before you celebrate
From all of us at Conway Law, we wish you a safe and happy holiday season in beautiful Sonoma County.
Have questions about a recent DUI stop in Santa Rosa? Contact Conway Law today — we’re here to protect your rights and your future.
Conway Law
1160 N Dutton Ave #250, Santa Rosa, CA 95401
(707) 608-9942
Disclaimer: This article is for informational purposes only and does not constitute legal advice.