san diego dui checkpoints

dealing with checkpoints & roadblocks

• high saturation periods
• roadblock legalities
• incentives & funding

Whether or not you have had a drink and could possibly be near the legal limit of .08% BAC, you do have certain rights you may choose to exercise your rights and limit your participation in a sobriety roadblock.

1. You DO have the right to avoid the checkpoint and turn around. By law, the police are supposed to provide a safe turn out area for drivers who choose to not go through. Often times, there is an extra cop parked in a squad car or on a motorcycle who can go after you and ask why you avoided the roadblock. Is this probable cause? Did you do something wrong or illegal? A good defense attorney might be able to have your case dismissed. DON'T MAKE AN ILLEGAL UTURN.

2. For adult drivers 21 years and over: You do NOT have to perform any field sobriety tests, nor blow into a handheld breathalyzer. The roadside gymnastics are completely voluntary, regardless of whether you're asked or just ordered to start doing the leg and pen and tricks. Drivers under 21 years of age, considered minors as far as drinking, do have to submit to roadside tests under California's Zero Tolerance laws.

3. When you stop at the designated check, the police officer's first goal is to smell your breath and look at your eyes, so he or she will want the window rolled down so they can get close to your face. You do have the option of leaving the driver's side window rolled up three quarters of the way, which will leave enough room for you to hand the officer your drivers license, registration, and proof of insurance. The officer will be watching your motor skills, alertness, and coordination while asking you questions and requesting your license, etc. If it appears you can't do two things at once, answer the questions while retrieving registration from the glove box, etc., you will arouse the officer's suspicion. They will probably ask you to roll down the window, if you don't comply, they will probably ask you to proceed to the secondary inspection area, where you'll be asked to step out of the car.

4. Once requested to exit the car, you'll need to do so. Be sure and be polite and respectful, but don't answer any questions other than those required by law. you must identify yourself ( provided by your drivers license info ), confirm your current address, provide registration, and proof of insurance. Any additional questions you can decline to answer by saying "I choose to not participate except as required by law", or "I would like to speak to an attorney if I'm going to be questioned", or "I choose to not answer questions", "am I free to leave?", "Would you like to see my driver's license again?", again, "am I free to leave now?" or "have I answered the questions required by law?".

If you've been arrested at a checkpoint in San Diego County, call our offices at 619.231.7412 as soon as possible.

periods of heightened enforcement

Following are the seasonal periods/dates for the remainder of 2007 and first quarter of 2008 that you are most likely to encounter a sobriety checkpoint:

• November 2007:
  • Thanksgiving Weekend:
    Thursday, November 22nd thru Sunday, November 25th, 2007
• December 2007:
  • Christmas & New Year 2008:
    Monday, December 17th thru Thursday, January 3rd, 2008
• First Quarter 2008:
  • Martin Luther King Weekend:
    Friday, January 18th, 2008 thru Monday, January 21st, 2008
  • Washington's Birthday:
    Thursday, February 14th, 2008 thru Monday, February 18th, 2008
  • Easter Weekend & Spring Break:
    Friday, March 14th, 2008 thru Saturday, March 29th, 2008

legality of sobriety roadblocks

The lawfulness of DUI checkpoints & sobriety roadblocks against constitutional rights and probable cause has long been contested in U.S. Courts, helping to brand drunk driving as "The DUI Exception to the Constitution".

If you've been arrested at a sobriety checkpoint, don't deem your case hopeless, and NEVER plead guilty without AT LEAST consulting with a qualified and experienced DUI Lawyer. Even if the evidence against you seems ironclad, which is seldom the situation when reviewed THOROUGHLY by an expert, a lawyer with a proven reputation for sharp trial skills and tenacity can often make a significant difference in the climate and outcome of your case even before it approaches a trial date.

Our law firm is known by the City and District Attorneys' offices for going the distance. Since we prepare EVERY case for a fight, the settlements offered to our clients are among the most favorable plea bargain deals available. The decision to accept a plea bargain or proceed to trial ultimately belongs to the defendant, and we respect each individual's right to determine how they would like his or her case handled.

checkpoint grants, funding & motivation

In San Diego County, and throughout most of California, there is no lack of funding for DUI checkpoints. Incentives and grants are offered at the federal, state, and regional levels by activist groups such as MADD (Mothers Against Drunk Driving, originally named Mothers against Drunk Drivers), the OTS (Office of Traffic Safety), and the NHTSA (National Highway Traffic Safety Administration), among other sources.

One current program, Sobriety Checkpoint Mini-Grants for 2007-2008, administered by OTS, awards grants competitively based on the law enforcement agencies' prior performance, or success at making DUI arrests in volume at previous roadblocks. The program pays the overtime for police officers staffing the checkpoints, in addition to a 9% to 12% increase over their regular overtime pay, and other costs.

In accordance with the agency's guidleines, police are required to publish a press release in advance of any checkpoint, and scout for persons driving on a suspended or revoked license, as well as DUI. Titled the "Winter Holiday Mobilization", the stings are scheduled for the December 17th, 2007 to January, 3rd, 2008 Holiday period, and are to be executed in the evenings no earlier than 6 p.m.