Newport Beach DUI Checkpoint announced


    Robert L. Miller and Associates is a law firm dedicated to clients. We have handled thousands of cases, and have winning results. Learn more about our firm and why it’s the best choice.

    Read more


    DUI Dismissals and Case Results
    See some of the many cases we have won at trial or through motions, negotiations, or strategy. Learn why we are so successful in protecting clients

    Read more


    If you have been arrested, don’t delay. You have only 10 days to save your license. Contact us today for a FREE consultation, and find out about all of your options, and all of your rights, and how to protect yourself.

    Read more

Tag Archives: Newport Beach

Newport Beach DUI Checkpoint announced

Newport Beach DUI Checkpoint announced

Orange County DUI Checkpoints

The Newport Beach Police Department wants to get the word out, and announced a drunk driving checkpoint for tonight, December 23, 2016.  The timing of the checkpoint are set for between the hours of 8:00 p.m. and 2:00 a.m..  According to the press release, they are especially focusing on drug DUI cases, as well as valid driver’s licenses.

As one of a number of Orange County DUI Checkpoints scheduled for the holidays, the checkpoint will be somewhere in the City of Newport Beach city limits.  It was not noted by the NBPD how the expected heavy rainfall tonight will affect the checkpoint operations.

If past locations are any indication, it is most likely (1) off Jamboree Road near Santa Barbara Avenue, next to Fashion Island, or  (2) off Newport Boulevard, coming up to the beginning off the 55 Freeway, out of the Balboa Peninsula.  Of course, the Newport Beach DUI checkpoint could be anywhere.

You can read the full press release from the Newport Beach Police Department here:

As stated, “Officers will be looking for signs of alcohol and/or drug impairment with officers checking drivers for proper licensing delaying motorists only momentarily. When possible, officers will be available to evaluate those suspected of drug-impaired driving, which now accounts for a growing number of impaired driving crashes.”

Drivers caught driving impaired can expect the impact of a DUI arrest to include jail time, fines, fees, DUI classes, other expenses that can exceed $10,000, not to mention the embarrassment when friends and family find out, or the effect of a DUI conviction on your career or license.

Funding for this checkpoint is provided to the Newport Beach Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Those grants can represent a substantial amount of money to individual officers, as they usually go towards officer overtime. 

As we have stated before, DUI Checkpoints don’t work.  They tend to be more about the money than about traffic safety, as they are not very effective in apprehending drunk drivers.  If you have questions about DUI checkpoints, or need an Orange County DUI Lawyer, contact our firm today. 

Orange County DUI Checkpoints: Memorial Day report

Orange County DUI Checkpoints: Memorial Day report

DUI Checkpoints Orange County

Laguna Beach Police did well this past Memorial Day weekend, with an Orange County DUI Checkpoint from Sunday night to early Monday.

Police in Laguna Beach reported that they had arrested six suspected drunken drivers and cited 11 drivers for operating a vehicle on a revoked or suspended license out of 1,625 drivers that passed through their DUI checkpoint set up from 9 p.m. Sunday to 3 a.m. Monday near Wesley Drive on Pacific Coast Highway.

A Laguna Beach Police spokesperson said, ““Per capita, we make more DUI arrests than any other agency in the state,” which is likely not true. In related news, the Orange County Sheriff’s Department has a DUI sting for those driving on suspended license, at the Harbor Justice Center, in Newport Beach. Of the fifteen offenders with suspended licenses that were targeted, eight were stopped for driving on a suspended license. So Orange County DUI Checkpoints: Memorial Day report shows eight driving on a suspended license cases, and six DUI cases from the one checkpoint.

Laguna Beach, California was the site of a Orange County DUI Checkpoint Memorial Day weekend.

Laguna Beach, California


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.


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.

Contact us now – Let’s Get Started.

Don’t delay contacting us.  We can start you on a plan of action today that will help your court date later. The DMV needs action within 10 days of your arrest.  Contact us today.