Roelfsema

The trial court granted a writ of mandate directing the Department of Motor Vehicles (DMV) to reinstate respondent Helen Roelfsema’s driving privileges following her arrest at a sobriety checkpoint. The court reasoned that the DMV failed to establish the lawfulness of the sobriety checkpoint by proving the eight factors set forth in Ingersoll v. Palmer (1987) 43 Cal.3d 1321 [ 241 Cal.Rptr. 42 , 743 P.2d 1299 ]. On appeal, we hold that the DMV is not required to prove the lawfulness of the sobriety checkpoint unless the licensee raises the issue. Since respondent failed to do so, her claim must fail. Accordingly, we will reverse the judgment.

Factual and Procedural Background

On September 10, 1993, at 10:55 p.m., in Palo Alto, California, Officer Van Otten of the California Highway Patrol stopped respondent at a sobriety checkpoint. Upon contacting respondent, the officer observed signs of intoxication. Specifically, respondent’s breath smelled of alcohol, her eyes were red, watery, and glassy, and she failed the field sobriety tests. The officer arrested respondent at 11:05 p.m. for violation of Vehicle Code section 23152. At 11:55 p.m., respondent submitted to a blood…