Orange County DUI Checkpoints May 4-5, 2018

  • ABOUT OUR FIRM

    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

  • CASE RESULTS

    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

  • CONTACT US NOW...

    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: orange county dui checkpoints

Orange County DUI Checkpoints May 4-5, 2018

Orange County DUI Checkpoints May 4-5, 2018

Orange County DUI Checkpoints tonight
Orange County law enforcement have a number of DUI checkpoints and saturation patrols that are planned for this weekend.Orange County DUI Checkpoints May 4-5, 2018.  Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:

Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols. Even the police admit as much.  Consider the following comment from a police officer from social media:
“Cop here! DUI check points are not about catching drunk drivers.  DUI checkpoints are a dog and pony show… their sole purpose is to be public events, that is why they must be announced ahead of time by law.  It’s long been known in the law enforcement community that the best way to “fight” drunk driving is by saturation patrols, or, cars that do nothing but hunt/respond to drunk drivers.  Feel free to make this as public as possible.”

The following are the DUI Checkpoints in Orange County announced for this weekend:

Newport Beach DUI Checkpoint Saturation Patrols

One of the Orange County DUI Checkpoints is actually saturatio patrol activity — the Newport Beach Police DUI Saturation Patrols are scheduled on both May 4, 2018, and May 5, 2018, from 6 pm to 3 am within the City of Newport Beach. In the past, DUI checkpoints in Newport Beach have been on Santa Barbara Avenue near Fashion Island, or near MacArthur or Jamboree and Pacific Coast Highway, or leaving the Balboa Peninsula on  Newport Boulevard.  The police announced Saturation Patrols in Newport Beach, which are specially trained and equipped officers out looking for drunk drivers.  Our Newport Beach DUI Information Page.

Anaheim DUI Checkpoint

One of the Orange County DUI Checkpoints is the Anaheim DUI Checkpoint, scheduled for Friday, May 4, 2018, from 9 pm to 3 am on Lincoln and Anaheim Boulevard in the City of Anaheim.  As announced on the Anaheim PD’s Facebook page. Our Anaheim DUI Information Page.

Orange DUI Checkpoint

One of the Orange County DUI Checkpoints is the Orange DUI Checkpoint, scheduled for Friday, May 4, 2018, from 9 pm to 3 am at 300 The City Drive, across from the Outlets in Orange, as announced on the Orange PD’s Facebook Page. Our Orange DUI Information Page.

Garden Grove DUI Checkpoint

One of the Orange County DUI Checkpoints is the Garden Grove DUI Checkpoint, scheduled for Saturday, May 5, 2018, from 8 pm to 3 am in the City of Garden Grove, as announced via press release from the Garden Grove Police Department. Our Garden Grove DUI Information Page.

Buena Park DUI Checkpoint

One of the Orange County DUI Checkpoints is the Buena Park DUI Checkpoint, scheduled for Saturday, May 5, 2018, from 8 pm to 3 am in the City of  Buena Park, as announced via press release from the Garden Grove Police Department.
According to California DUI case law, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.

Contact us.

DUI Checkpoints in Orange County
If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoints cases, we can help you, or your loved one.  Consult with us today.

Orange County DUI Checkpoints, Sept 8-9 2017

Orange County DUI Checkpoints, Sept 8-9 2017

DUI Checkpoints in Orange County
Orange County law enforcement have a number of DUI checkpoints and saturation patrols that are planned for this weekend.  Remember that you should avoid the long waits and traffic tie-ups from DUI checkpoints, but also can avoid being arrested for DUI in Orange County at a DUI checkpoint by doing any one of the following:

Effectiveness of Orange County DUI Checkpoints

Unfortunately, the statistics show that DUI checkpoints are a bad idea, and do not work to keep drunk drivers off the road, especially when compared to the much much more effective saturation patrols.
The following are this weekend’s Orange County DUI Checkpoints, Sept 8-9 2017

DUI Checkpoint in Lake Forest

The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held at 7 p.m. on Friday, Sept. 8, to 3 a.m. Saturday, Sept. 9 within the city of Lake Forest.  The location was not disclosed, but past locations were at Muirlands and Ridgecrest, or at El Toro Road and Cornelius Drive. 

DUI Checkpoint in Rancho Santa Margarita

Rancho Santa Margarita DUI Information.  The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held at 7 p.m. on Friday, Sept. 8, to 3 a.m. Saturday, Sept. 9 within the city of Rancho Santa Margarita.  The location was not disclosed.

DUI Checkpoint in Placentia

Placentia DUI Information.  The OCSD issued a press release notifying us that the Orange County Sheriff’s DUI Enforcement Team will hold a DUI and Driver’s License Checkpoint this weekend to stop and arrest any alcohol and drug-impaired drivers as part of the department’s ongoing traffic safety campaign.

The checkpoint will be held from 8 p.m. on Friday, Sept. 8, to 2 a.m. Saturday, Sept. 9 within the city of Placentia, on Yorba Linda Boulevard at Kraemer Boulevard.

According to California DUI caselaw, DUI checkpoints are legal in California, although they have to meet certain strict criteria, including advance publicity, which is how we find out about DUI checkpoints in Orange County.
The law states that: “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop. ” (Vehicle Code 2814.2(a)).

Contact us.

Contact us
If you need the help of a DUI attorney Orange County who is experienced in handling DUI checkpoint cases, we can help you, or your loved one.  Consult with us today.

Orange County DUI Checkpoints Labor Day Weekend, 2017

Orange County DUI Checkpoints Labor Day Weekend, 2017

Orange County DUI Checkpoints

La Habra DUI Checkpoint

La Habra announced a La Habra DUI Checkpoint DUI checkpoint in their city on September 1st, 2017, from the hours of 7:00 pm. to 3:00 a.m.

Fullerton DUI Activity

Fullerton Police Department announced not a Fullerton DUI Checkpoint, but roving DUI patrols on 16 different nights looking to stop and arrest drivers who are impaired by alcohol and/or drugs and causing DUI in Fullerton or Fullerton DUI arrests. In addition to the roving patrols, the Fullerton Police Department Traffic Bureau will be conducting a DUI/Drivers License Checkpoint on Thursday, August 31, 2017, at an undisclosed location, between the hours of 8:30 PM and 2:20 AM.

Garden Grove DUI Activity

Garden Grove Police Department announced not a Garden Grove DUI Checkpoint, but roving DUI patrols who might be DUI or may be DUI in Garden Grove. In addition to the roving patrols, the Fullerton Police Department Traffic Bureau will be conducting a DUI/Drivers License Checkpoint on Thursday, August 31, 2017, at an undisclosed location, between the hours of 8:30 PM and 2:20 AM.

Are Orange County DUI Checkpoints legal?

If you’re wondering if DUI checkpoints are legal, they are, under California’s case law and decided cases involving DUI.  However, they are required to meet certain criteria, including advance publicity.

Under the law, some of those criteria are as follows:

  1. The location, time and duration of a checkpoint, and other regulations for operation of the checkpoint should be established (preferably in written form) by supervisors or other administrative personnel rather than the field officers implementing the checkpoint;
  2. Advance warning must be made to the approaching motorist with signs, flares and other indications to warn of the impending stop in a safe manner and to provide notice of its official nature as a police checkpoint;
  3. Detention of the motorist for a minimal length of time; and
  4. Use of systematic non-random criteria for stopping motorists.

Under the Ingersoll case here in California, it’s required that police give advance notice of a checkpoint, which is how we get notified of each one ahead of time.

Press releases from Police Agencies exist to let people know about it.  This leads to another reason why DUI checkpoints are a bad idea – those that plan ahead and are the most dangerous serial drunk drivers, or alcoholics, are the least likely to be caught in a DUI checkpoint for that reason.

Why are there Orange County DUI Checkpoints?

DUI Checkpoints are less effective than other means of removing drunk drivers from the road. Police officers even admit that. Although DUI checkpoints don’t work, police departments hope that they prevent people from driving with alcohol or drugs in the first place.  The truth is that funding from grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.  It’s truly all about the money.

Contact us.

Contact us today.  Contact our Orange County DUI Defense Attorneys for questions about any Orange County DUI Checkpoint.

 

Orange County DUI Checkpoints May 27, 2017

Orange County DUI Checkpoints May 27, 2017

DUI Checkpoints in Orange County

It’s Memorial Day weekend!  And the Orange County DUI Checkpoints scheduled for May 27, 2017 include DUI saturation patrols in Newport Beach, a DUI Checkpoint in Irvine, and a DUI Checkpoint in Santa Ana.

Irvine DUI Checkpoint

May 27th will be the date for an Irvine DUI Checkpoint within the City of Irvine.  It will last from 8pm to 2 in the morning.  It’s located on Culver Drive, at Barranca in Irvine.

Santa Ana DUI Checkpoint

The DUI checkpoint in Santa Ana scheduled for May 27th will be from 9:30 p.m. to 2:30 p.m..  It’s located on Fifth Street, between Bristol, and Fairview, in the City of Santa Ana.  This is an unusual location for Santa Ana DUI checkpoints

Newport Beach DUI Saturation Patrols

DUI saturation patrols will take place from 4pm to 3am on May 27th, May 28th, and May 29th, all over the City of Newport Beach.  Saturation Patrols are where trained officers drive, looking for driving patterns, and traffic violations that might indicate that someone is driving under the influence.

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.

Contact us

Contact our firm if you have any questions about Orange County DUI Checkpoints.

Don’t delay contacting us if you were arrested for a DUI.  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.

DUI Checkpoints in Anaheim, Irvine, La Habra, and Santa Ana

DUI Checkpoints in Anaheim, Irvine, La Habra, and Santa Ana

DUI Checkpoints Orange County

DUI Checkpoints in Anaheim, Irvine, La Habra, and Santa Ana announced by law enforcement for this weekend as follows:

Anaheim DUI Checkpoint:

The Anaheim Police Department is calling their checkpoint tomorrow a DUI/drivers license checkpoint, and it will take place in the area of Magnolia and Crescent avenues from 8:00 p.m.  tonight, July 22, 2016, through 3 a.m. Saturday.

Irvine DUI Checkpoint:

The DUI checkpoint in Irvine will be conducted Friday, July 22, 2016, from 8:00 p.m. to 2:00 a.m. in the area of Jamboree Road and Michelson Drive, as announced by the Irvine Police Department Irvine DUI Arrest Force.

La Habra DUI Checkpoint

The La Habra Police Department announced a DUI checkpoint tonight (July 22nd, 2016) in the City of La Habra, from 9:45pm to 3:00 p.m., at an undisclosed location.

Santa Ana DUI Checkpoint

The Santa Ana Police Department DUI checkpoint starts tonight, July 22, 2016, at 9:30 p.m. and runs through 2:30 a.m. Saturday, in the 500 block of West Warner Avenue in the City of Santa Ana. (Note that the press release linked says that the Santa Ana police are “STEPING” up law enforcement in Santa Ana for DUI checkpoints.

We have written about and noted how DUI Checkpoints don’t work.  They are not effective at anything but spending grant money, but since all the funding from the State and Federal government rewards DUI checkpoints, instead of the more effective Saturation Patrols, the DUI checkpoints continue.

Are DUI Checkpoints legal?  Yes, as long as they adhere to certain legal requirements.  The Ingersoll decision requires that there be advance notice and a plan that is non discriminatory in checking for persons that might be driving under the influence.

If you’re interested in what happens once convicted of a DUI, whether in an Orange County DUI Checkpoints or otherwise, find out how much a first time DUI can cost.

Orange County DUI Checkpoints, Dec. 11-13, 2015

Orange County DUI Checkpoints, Dec. 11-13, 2015

DUI Checkpoints in Orange County

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.

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.

 

Orange County DUI Checkpoints results in seven arrests

Orange County DUI Checkpoints result in seven arrests

Orange County DUI checkpoints are common during the holiday season.  A recent Orange County DUI Checkpoint resulted in seven arrests. Out of over 5,700 drivers that went through DUI checkpoints in two cities this weekend, seven people suspected of driving under the influence of alcohol or drugs were arrested during DUI checkpoints in Huntington Beach and Costa Mesa, both on Friday night, according to press releases from the respective police departments.

orange county dui lawyer

Of the 3,252 vehicles that passed through the Costa Mesa checkpoint on Harbor Boulevard at Flower Street between 8 p.m. and 2 a.m., 289 vehicles were selected for screening. Eighteen DUI investigations were performed, four drivers were arrested for drunken driving and six were cited or arrested for driving without a license. The checkpoint was conducted by Costa Mesa Police Department jointly with the California Highway Patrol.

Huntington Beach police arrested one driver for drunken driving and two more for driving under the influence of drugs. The Huntington Beach checkpoint screened 883 of the 2,535 vehicles that passed through the checkpoint at Beach Boulevard and Speer avenue between 8 p.m. and 2 a.m.

Five field sobriety tests were given, five citations were issued for driving without a license and another five arrests were made for outstanding warrants, according to the Huntington Beach news release. That means that Orange County DUI Checkpoints result in seven arrests.

Huntington Beach Police Department expects to conduct another checkpoint in the near future, and Newport Beach has a DUI checkpoint scheduled for Wednesday, December 21st.

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.

OC DUI Checkpoints Christmas 2015

OC DUI Checkpoints Christmas 2015

A number of OC DUI checkpoints for the Christmas holiday have been announced.

Tustin DUI Checkpoint

The Tustin Police Department announced a DUI checkpoint from 8pm on Friday December 18th through 3 a.m. Saturday the 19th somewhere in the city, according to Orange County Law Enforcement Officials.

OC DUI checkpoints

Garden Grove DUI Checkpoint.

The Garden Grove Police Department operation runs somewhere in that city from on Friday December 18th through 3 a.m. Saturday the 19th—with a repeat performance somewhere else in that city during the same time period Saturday night through Sunday morning, according to Lt. Robert Bogue.

Newport Beach DUI Checkpoint

From the Newport Beach Police Department, the NBPD announced a DUI checkpoint for Wednesday the 23rd.

Orange County DUI Patrols

Orange County police agencies are also holding extra patrols targeting drunken drivers.  More effective, by far, than DUI checkpoints, these “saturation patrols,” assign officers to specific streets known for DUI arrests, crashes and fatalities and look for behavior indicating drunk driving.

The Garden Grove Police Department announced its saturation patrols will begin on Christmas Eve—Dec. 24—and continue nightly through Jan. 2.

These special DUI operations are funded by California Office of Traffic Safety grants, through the National Highway Traffic Safety Administration, which mean generous funding for various police departments.

For more on why OC DUI checkpoints don’t work and don’t keep the public safer, see my article on why DUI checkpoints are a bad idea.  You may be very surprised on the real reasons behind DUI checkpoints.

Be safe, and happy holidays.  Call our Orange County DUI Lawyers anytime, at (877) 942-3090, if you find yourself in trouble.

DUI Checkpoints for Orange County December 4-6

DUI Checkpoints for Orange County December 4-6

DUI checkpoints in Orange County have been announced. Orange County law enforcement is on high alert for drivers that might be DUI during December.

Orange County DUI Checkpoing

This weekend there are Orange County DUI checkpoints, including in Santa Ana and the City of Orange, and Saturation Patrols through the Orange County Sheriff’s Department in the cities of Villa Park, Yorba Linda, and Stanton.

The City of Santa Ana‘s DUI Checkpoint is from 9pm to 3am tonight/tomorrow morning (Friday, December 4th, 2015), on Fairview, between First Street and 5th street.

The City of Orange DUI Checkpoint is from 8pm to 3am tonight/tomorrow morning (Friday, December 4th, 2015), although the press release from the City of Orange did not list the location.

Saturation patrols (where trained officers drive around looking for clues that someone might be driving under the influence), and DUI checkpoints, are common throughout the month, and are funded by State and Federal DUI grants.

Before a sobriety checkpoint can be considered ‘legal’, it must not only be constitutional at the federal level, it must be at the state level as well . 11 states currently prohibit sobriety checkpoints within their boundaries.

Are DUI checkpoints in Orange County legal?

Regarding DUI Checkpoints for Orange County, under the California Ingersoll decision, and decisions of both the United States  Supreme Court and courts in California, the following standards must be met:

  • the criteria for stopping motorists must be neutral, and not based upon officer discretion only;
  • adequate safety precautions must be taken;
  • the checkpoint’s time and duration should reflect “good judgment”;
  • officers must make a written plan of operations;
  • the checkpoint must exhibit sufficient indicia of its official nature;
  • drivers should be detained a minimal amount of time; and
  • roadblocks must be publicly notified to the public in advance.

Once at a DUI checkpoint, drivers can be detained to ask questions, and separate probable cause has to be established for a breath or blood test, which is technically a search of the body, requiring either sufficient probable cause or a warrant.

 

 

Orange County DUI Checkpoints announced for November 20-22

Orange County DUI Checkpoints announced for November 20-22.

Our Orange County DUI Lawyers have learned from law enforcement about the Orange County DUI Checkpoints announced for November 20-22 (the weekend of November 20-22, 2015).

Police Departments all over issue press releases because they want to get the word out. so feel free to share this information to help others.

Orange County DUI Checkpoints

In Anaheim, there will be a DUI checkpoint from 8pm To 2:30am – on Nov 20, 2015, at West Ball Road at South Brookhurst Street.

In the City of Irvine there will be an Irvine DUI Checkpoint from 8pm To 2am on Nov 20, 2015 at Bake Parkway at Rockfield. Irvine is particularly aggressive about arresting people for Irvine DUI cases, and the Irvine Police Department has a DUI task force for this purpose.

Seal Beach has a Checkpoint looking for Drunk Drivers on Pacific Coast Highway at First Street from 6pm To 3am  on Fri Nov 20, 2015.

Orange has a Drunk Driving Checkpoint from 9pm To 3am on November 20, 2015, at East Katella Avenue and North California Street.

The Santa Ana DUI Checkpoint is scheduled for November 21st (Saturday) from 9pm To 3am, and is located at West First Street and North Townsend Street in the City of Santa Ana.

In addition to the specific locations above, the Orange County Sheriff’s Department will have saturation patrols (specially trained officers, driving and looking for those driving drunk), patrolling the cities of Lake Forest, Mission Viejo and Rancho Santa Margarita. Statistically, this method is much more effective than DUI checkpoints, in Orange County and elsewhere.

Outside of the county, there are also DUI Checkpoints planned in Long Beach (on November 21), Pasadena (Nov. 20),  and Topanga Canyon on November 20th.

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.

CONTACT US

Contact our firm if you have any questions about Orange County DUI Checkpoints.

Don’t delay contacting us if you were arrested for a DUI.  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.