Orange County DUI Checkpoints January 13-15, 2017
We have discussed before why DUI Checkpoints don’t work. And yet, the large amount of money devoted to DUI checkpoints, mostly for officer overtime, makes drunk driving checkpoints persist, when the more effective DUI Saturation Patrols catch a higher percentage of persons driving under the influence of drugs or alcohol.
This weekend, Orange county law enforcement agencies has planned DUI checkpoints in the following cities:
- Laguna Niguel DUI Checkpoint
- Santa Ana DUI Checkpoint
- Laguna Beach DUI Checkpoint
Laguna Niguel DUI Checkpoint
The DUI Checkpoint in Laguna Niguel is scheduled for Friday, January 13th, 2017, from 7pm to 3am within the City Limits. The exact location was not announced.
Santa Ana DUI Checkpoint
The DUI Checkpoint in Santa Ana is scheduled for Friday, January 13th, 2017, from 9:30 pm to 2:30am. The checkpoint is located on Bristol, between Edinger and McFadden at a smaller street called Borchard.
Laguna Beach DUI Checkpoint
The DUI Checkpoint in Laguna Beach is actually a series of saturation patrols in Orange County. They will take place all over the city on Saturday, January 14th, 2017, from 8:00 pm to 3:00am. As stated in a press release from the Laguna Beach DUI Enforcement Program:
“Officers from the Laguna Beach Police Department’s DUI Enforcement Team will be deploying this weekend to stop and arrest alcohol and drug-impaired drivers in the Department’s ongoing traffic safety campaign. DUI Saturation Patrols will deploy on Saturday, January 14th, between the hours of 8:00 p.m. and 3:00 a.m. in areas with high frequencies of DUI collisions and/or arrests.”
Are DUI Checkpoints Legal?
As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads. They are set up for the purpose of catching people driving under the influence of alcohol. Many point out that they are used to generate revenue for police departments, since the stops often result in car impound fees shared with the police agencies, officer overtime paid for by grants, and in some cases thousands of citizens being slapped with fines for minor offenses unrelated to DUI. Civil asset forfeiture laws do allow the police to seize vehicles and share impound fees between the police and that practice by itself has been heavily criticized and has led to changes in the law. has been implemented during these stops as well.
In other jurisdictions, twelve states do not conduct sobriety checkpoints. That is because they prohibit them by state law or their interpretation of their State Constitution. If you live in, or are driving through, any of these 12 states, DUI checkpoints are illegal and are not allowed by law:
- Alaska,
- Idaho,
- Iowa,
- Michigan,
- Minnesota,
- Montana,
- Oregon,
- Rhode Island,
- Texas,
- Washington,
- Wisconsin, and
- Wyoming.
Many of the 38 states DO conduct checkpoints under their laws. they do so based upon interpretation of actions allowed the State under the federal Constitution. Washington, D.C. also allows them for that reason.
Are DUI Checkpoints in California Legal?
The U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. The court found that the interest in reducing drunk driving outweighs the “minor infringement” on a driver’s rights.
Certain requirements for “Constitutional” checkpoints do apply, though. In California, the Ingersoll v. Palmer decision applies:
In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized.
Contact us Today.
If you have questions about a DUI checkpoint, or were arrested for DUI in Orange County, contact our DUI Defense Law Firm today. We can help you and give you an honest assessment of your case.