Articles Posted in DUI Checkpoints

drunk_drivingLos Angeles County law enforcement will be out in full force this holiday season. According to a recent news report in The Culver City Patch, local law enforcement officials and anti-DUI task forces will conduct 32 DUI checkpoints and 202 DUI patrols between now and January 1, 2012 in Los Angeles County. Officials say they will deploy the roving patrols and conduct the checkpoints at locations that are known to have a higher number of drunk drivers. During a similar campaign in the year 2010, there were 2,406 DUI arrests made countywide.

The article states that in December of 2009 there were 753 nationwide DUI fatalities, 57 of which occurred in California. The Los Angeles County crackdown on drunk driving is a direct response to these staggering numbers. Unfortunately, whenever there is a massive crackdown on drunk driving, there is an increased risk of innocent drivers being wrongfully accused of driving under the influence.

There are many potential mistakes in a DUI saturation patrol arrest or DUI checkpoint. It is common for officers to see signs of intoxication where it does not exist and for sobriety tests to be conducted by officers who are not properly trained or qualified to accurately determine the results.

drink_drive_4294490.jpgSouthern Californians will see a substantial increase in the amount of police enforcement on the roadways this Thanksgiving weekend. The increase in driving under the influence (DUI) patrols and sobriety checkpoints serves to discourage illegal activity and arrest motorists suspected of driving under the influence of alcohol. All motorists would be well advised to drive safely and to utilize a designated driver or taxi service after consuming alcohol during the holiday festivities.

During the 2010 Thanksgiving enforcement effort, 1,546 people were arrested on suspicion of DUI in California. That number reflects an increase from the 1,461 DUI arrests during the 2009 Thanksgiving weekend. The California Highway Patrol reports that their increased DUI enforcement begins this year on November 23 at 6:01 p.m. and continues through November 27 at 11:59 p.m.

If you are pulled over this Thanksgiving weekend, there are a number of things you should remember. First, be respectful and polite to the officer. Remember that you are allowed to refuse taking a field sobriety test. Additionally, you have the legal right to refuse a preliminary alcohol screening test (breath test) as well. Individuals who have been arrested, however, must submit to a chemical blood or breath test. Refusal of one of these tests after being arrested will result in a license suspension and at least 48 hours in jail. Last, but not the least, remember to exercise your right to remain silent.

drink_drive_4294490.jpgThe Los Angeles Police Department (LAPD) has announced that it will conduct two sobriety checkpoints in Hollywood this weekend, which precedes Halloween, according to a City News Service report. Obviously, all law enforcement agencies, including the LAPD, are ramping up operations knowing very well that Halloween is a holiday when increased partying and drinking can be expected. LAPD will conduct the first sobriety checkpoint between 8 p.m. Friday and 2 a.m. Saturday at Ventura Boulevard and Big Oak Drive in North Hollywood. A DUI checkpoint will also be held between 8 p.m. Saturday and 2 a.m. Sunday at Sunset Boulevard and Bronson Avenue in Hollywood.

Los Angeles police are also advising weekend partiers to plan a safe way home before parties begin by designating a sober driver, calling a taxi, or using public transportation. Also, if you see someone who is intoxicated trying to get behind the wheel and drive away, take their car keys away and help them get home safely.

The potential penalties for a DUI conviction in California are severe, including up to six months in jail, a fine of $1,600, a six-month license suspension, mandatory installation of an Ignition Interlock Device, and required DUI program attendance. If you get stopped or arrested while passing through a checkpoint, it is important that you understand your legal rights. If it is determined that you were improperly detained or stopped at a sobriety checkpoint, your charges may be dismissed.

A driving while under the influence (DUI) and driver’s license checkpoint is scheduled for Friday, September 23 between 6:30 p.m. and 2:30 a.m. in San Juan Capistrano at an undisclosed location. According to The Capistrano Dispatch, the Orange County Sheriff’s Department will run the checkpoint, which is part of a grant provided by the State of California Office of Traffic Safety through the National Highway Traffic Safety Administration (NHTSA).

The Orange County DUI checkpoint is intended to catch drivers who are driving under the influence of alcohol or drugs and/or driving a vehicle without a driver’s license. However, the logistics behind a DUI arrest at a checkpoint are not usually that straightforward.

Field sobriety tests (FSTs) typically used at DUI checkpoints are often subject to interpretation, not expertise, on the part of law enforcement. Certain medical conditions or other states can lead an officer to believe a person has been drinking alcohol or taking drugs when in reality, they have not. Moreover, Blood Alcohol Concentration (BAC) tests are not always properly administered, leaving the accuracy of these tests and their results in question. While it is definitely important to keep our roads safe and prevent accidents, it is also important to ensure that innocent people aren’t prosecuted for an offense they didn’t commit.

Orange County saw a substantial increase in drunk driving arrests over the Labor Day holiday weekend. The Orange County Register reported that 262 people were arrested for DUI in Orange County from September 2 through 5. This is a substantial increase from the 187 Labor Day weekend DUI arrests in 2010. The recent increase in enforcement was part of the “Avoid the 38” DUI enforcement program that resulted in 856 arrests from Aug. 19 through Sept. 5

It is not clear if this aggressive enforcement has resulted in fewer DUI collisions or fewer incidents involving drunk drivers. It has, however, likely resulted in many more individuals forced to struggle with license suspensions, heavy fines and an increase in insurance premiums.

Any time there is a crackdown on drunk driving there is the potential for an increase in wrongful DUI arrests. Police officers who are specifically searching for signs of drunk driving are more likely to see signs of intoxication where it doesn’t exist. Arresting officers conducting field sobriety tests, for example, may mistake fatigue or illness for driving under the influence.

drivesober.jpgAlmost all law enforcement agencies are out in full force during the Labor Day weekend. The period between Memorial Day and Labor Day is when drunk driving enforcement is at its highest and strongest. According to The Governors Highway Safety Association (GHSA), California’s 41 countywide “Avoid DUI” task forces, as well as 111 individual local jurisdictions, are mounting special enforcement campaigns from Aug. 19 to Sept. 5. This increased enforcement includes additional officers patrolling the roadways and a substantial increase in DUI checkpoints.

Under state law, law enforcement agencies are required report where they plan to have a DUI checkpoint. Information about these sobriety checkpoints may be found in local papers and on news websites. For example, KPCC reports that in Los Angeles there will be checkpoints at Figueroa and 9th streets, Manchester Avenue and Broadway and at Sunset Boulevard and Hoover Street. This campaign is titled “Avoid the 100” because there are 100 police agencies participating in this special task force.

The National Highway Traffic Safety Administration (NHTSA) reports that nearly 11,000 people die in alcohol-related car accidents every year. Clearly, drunk driving is a serious problem in the United States and it is important to keep our roadways safe this holiday weekend. However, sobriety checkpoints and holiday crackdowns can result in wrongful arrests. Those who are arrested will potentially face all the serious consequences that come with a drunk driving charge and conviction. A DUI conviction could result in jail time, probation, loss of driver’s license, mandatory enrollment in an alcohol education program and installation of an ignition interlock device.

Apple is restricting sales of apps that locate DUI checkpoints in an effort make it more difficult for tech-savvy motorists to identify the exact locations of police sobriety checkpoints. According to USA Today, Apple’s decision comes three months after several Democratic U.S. senators asked major makers of smartphones to stop selling these downloadable apps or to eliminate the DUI checkpoint function.

Research in Motion, the maker of BlackBerry smartphones, immediately pulled the DUI checkpoint apps. Apple, which makes the popular iPhone, and Google, which sells Android-based apps, did not. This week, Apple updated its guidelines and decided not to sell apps that contain DUI checkpoints not publicized by law enforcement agencies.

DUI checkpoints or sobriety checkpoints, as they are commonly known, are becoming more and more prevalent in Southern California. Law enforcement agencies get significant funding from the National Highway Traffic Safety Administration (NHTSA) to set up sobriety checkpoints to snare drunk drivers and those driving without a valid license. There will be a number of checkpoints during the upcoming July 4 holiday weekend in several California cities.

Two people were arrested on suspicion of driving under the influence at an Orange County DUI checkpoint over the weekend. According to a news report in The Orange County Register, the DUI checkpoint occurred at Campus Drive and Bridge Road in Irvine. In addition to the two DUI arrests, 10 citations were issued at the checkpoint. Officials stopped 545 vehicles at the checkpoint and required nine drivers to perform sobriety tests. It is unclear if breath tests were given to the two drivers that were arrested or if they were arrested solely on the assumed results from a field sobriety test.

The three standard field sobriety tests include: the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand. The horizontal gaze nystagmus test forces the suspect to follow an object moving side to side. If the pupil jerks, it may be a sign of intoxication. The walk-and-turn and the one-leg stand are both divided attention tests. During the walk and turn the suspect will have to take nine steps heel to toe away and back again while counting the number of steps out loud. The one leg stand requires the suspect to stand on one foot while counting.

The problem with field sobriety tests is that their accuracy depends upon the skill of the test administrator, the conditions of where the test is administered and the health of the suspect. There are many variables that could lead an officer to incorrectly assume that the suspect was intoxicated.

Five motorists were arrested at a Los Angeles area DUI checkpoint for driving under the influence, The Beverly Hills Courier reports. Police say the DUI checkpoint was conducted from 6 p.m. on April 14, 2011, to 2 a.m. the following day at the intersection of Newhall Ranch Road and Grandview Drive. A total of 802 cars passed through the checkpoint. Officials arrested five drivers for driving under the influence and issued 17 citations for motorists driving without a valid license or driving with a suspended license.

The use of DUI checkpoints in Los Angeles have become increasingly common, as well as throughout Los Angeles, Orange, and Ventura counties. These checkpoints can be commonly seen in the late night to early morning hours and occur mostly over weekends. Law enforcement agencies not only get funds from the Department of Transportation for these checkpoints, but also get money into their own coffers from DUI fines and penalties assessed in court.

Although it is commonly assumed that these checkpoints are legal, there may be circumstances where the checkpoint itself or the officers’ actions may violate certain laws. There are several questions to be asked. How did the agency choose the specific location for the checkpoint? Was advance notice given to the general public? How were breath tests administered? Were field sobriety tests administered? What was the length of time each driver was stopped? There are some things officers cannot do at a DUI checkpoint. For example, an officer cannot stop you if you turn off to avoid a roadblock. Such an action in itself does not provide a basis for officers to stop and detain a driver.

With St. Patrick’s Day upon us, a handful of Californians are likely to celebrate by getting together with friends and family to enjoy a drink or two. However, drinking and driving is never a good combination. If you plan on going to a bar or friend’s house to enjoy some green beer tonight or this weekend, please plan on leaving your car keys at home and having a designated, sober driver, or cab number on hand.

St. Patrick’s Day DUI checkpoints are planned throughout Southern California. However, not every DUI checkpoint in California has been publically announced and some may be subject to change. DUI Checkpoints & Crime on the Road, Sobriety Checkpoints reports that the Long Beach Police Department reports a citywide DUI Saturation Patrol will be conducted on Saturday, March 19, 2011, from 6:00 p.m. to 2:00 a.m. By releasing information about DUI checkpoints that will be held, the Long Beach Police Department hopes that drivers will refrain from drinking and driving. Law enforcement takes Drunk Driving, Over the Limit, Under Arrest very seriously and signs throughout California are advising motorists to help keep roads safe by reporting drivers they suspect to be drunk by calling 9-1-1.

Drunk Driving Facts reports that The Los Angeles Police Department has also announced DUI Saturation Patrols and Sobriety Checkpoints:

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