Our Orange County DUI Lawyers have learned that there are two checkpoints scheduled for tomorrow, April 25, 2015.
The first aims to look to increase Santa Ana DUI arrests. The Santa Ana Police Department has scheduled a DUI Checkpoint from 9pm to 3am at Warner Avenue, between Flower St. and Main St..
At both of When possible, specially-trained officers will be available to evaluate those suspected of drug-impaired driving (DUID), which now accounts for a growing number of impaired driving crashes.
A Saturation Patrol is special enforcement where trained officers, with DUI testing equipment, drive around high potential areas for DUI arrests in Orange County, looking for traffic violations that might indicate someone is drunk driving.
WHY DOES LAW ENFORCEMENT HAVE ORANGE COUNTY DUI CHECKPOINTS?
DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place. The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government through NHTSA ensure DUI checkpoints are used first before other measures.
ARE DUI CHECKPOINTS LEGAL?
The US Supreme Court, as well as the law in California, including the Ingersoll v. Rand decision, makes DUI checkpoints legal, as long as they follow certain criteria, including:
- Decision making by supervisors: This is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
- Limits on discretion of field officers: The theme of distrust of the officer continues. Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
- Maintenance of safety conditions: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
- Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
- Time and duration: The timing should be set to optimize the effectiveness of the checkpoint.
- Indications that the checkpoint is official: It should be clear to drivers, for notice purposes, that this is a law enforcement stop, and not just construction or something sinister. Lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
- Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, smell for booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
- Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.
Those are the Orange County DUI Checkpoints 04-25-2015 scheduled for this weekend. Be careful out there. Please contact our Orange County DUI Defense Attorneys if you have a question or need our help.
Contact our firm if you have any questions about Orange County DUI Checkpoints.