Orange County DUI Checkpoints, Dec. 11-13, 2015
Orange County DUI Checkpoints, Dec. 11-13, 2015. ‘Tis the season for law enforcement to be looking for drunk drivers. While next weekend is extremely high in DUI arrests, Orange County Police Officers and Deputies will be out in force looking for persons that are driving under the influence this weekend.
The Garden Grove Police Department have planned a DUI checkpoint for tonight (Dec. 11 2015) from 9:00 p.m. to 3:00 p.m.. With today’s rains, police will be extra careful to get drunk drivers off the road. While the DUI checkpoint location was not announced, most DUI checkpoints in the past in Garden Grove have been on Brookhurst, near Westminster boulevard, an area near many bars and restaurants that are popular in Orange County.
The City of Laguna Beach has announced that they will be having saturation patrols, which are specially trained officers, driving and looking for driving behavior that may indicate driving under the influence.
Even if DUI checkpoints are not particularly effective in the goal of removing intoxicated drivers from the road, funding in the form of grants from the federal government, and payment specifically for officer overtime, keeps them scheduled every month.
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 ensure DUI checkpoints are used first before other measures.
ARE DUI CHECKPOINTS LEGAL?
The US Supreme Court, as well as the law in California, 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: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
- Indicia of official nature of roadblock: This is more babble about bright lights and warning signs. They do mention that the 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.
Remember, if you are arrested for DUI, for any reason, you will need to contact the DMV within 10 days. You will also need to know about how best to protect yourself from a system designed to convict you and punish you in every way possible.
Contact us now if you have a DUI.
