Sobriety Checkpoints

Pacific Beach DUI Checkpoint Ends With Many Drunk Driving Arrests

April 18, 2011 | The Law Offices of Susan L. Hartman

San Diego Police Department conducted a drunk driving checkpoint on Grand Avenue at Mission Bay High School in Pacific Beach on Saturday night. Of the 725 cars that were initially screened, 48 drivers were sent for secondary evaluation, and 25 people were arrested for alleged drunk driving.

This drunk driving checkpoint was funded by a grant that was given to the San Diego Police Department by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Pacific Beach has one of the highest DUI arrest rates in San Diego County. The summer-like weather brings many people out to the beach areas and many indulge in refreshing cocktails. The police know this so they step up their efforts to enforce drunk driving laws during warm weather periods. So look out for more drunk driving enforcement through saturation patrols and DUI checkpoints as the summer approaches.

We will continue to monitor various media sources for drunk driving enforcement and checkpoint information. Check back to this blog often for announcements regarding the dates, times, and locations of such efforts by law enforcement. If you are aware of a checkpoint that is not posted on this site, please use the “Contact Us” form on this page to notify us and we will publish the information for other followers of this blog.

Ban Drinking and Driving Checkpoints?

April 8, 2011 | The Law Offices of Susan L. Hartman

One state is considering banning DUI checkpoints, according to boston.com. Rhode Island Representative Charlene Lima introduced a bill in the General Assembly to prohibit the police from conducting drunk driving checkpoints. Although the representative generally supports drunk driving laws, she believes this type of stop “smacks of a police state.” We agree.

Under the U.S. Supreme Court decision in City of Indianapolis v. Edmond, DUI checkpoints can be conducted for deterring crime, not for enforcing the laws. If the general interest in the checkpoint is crime control, the checkpoint violates the Fourth Amendment. The Fourth Amendment gives people the right to be free from unreasonable searches and seizures unless there is probable cause for the stop.

When the police conduct drunk driving checkpoints, they set up a roadblock and stop cars as they drive through regardless of the fact that there is no probable cause.

One of the first questions an officer asks is, “Have you been drinking?” Most people think they can talk their way out of the situation by saying things like, “Yes, I only had one beer,” or “Yes, I had a couple of drinks a few hours ago.” It is not to your advantage to tell the officer you had anything to drink that day, since that will be considered an admission of drinking and give the cop the probable cause needed to pull you into the secondary area for futher drunk driving investigation. right to remain silent.jpg

You do not have to answer this question. You have a right under the Fifth Amendment not to incriminate yourself. You also have a right to refuse participation in the field sobriety tests (FST’s) including the preliminary alcohol screening (PAS) breath test. Simply tell the officer you know your rights and you choose to remain silent and you will not participate in any of the FST’s. Do not help the officer build a case against you. They are not your friend.

However, as a licensed driver you are required to give either a breath or blood sample if you are arrested for drunk driving. If you refuse such a test, you will be forced to give a blood sample and the penalties you will face for drunk driving will be increased.

Drunk Driving Checkpoint Apps, Not Illegal And Should Not Be Banned

April 4, 2011 | The Law Offices of Susan L. Hartman

google.app.jpg The Attorney General of Maryland and Delaware are asking Google and Apple to discontinue applications for their mobile phones, the Android and iPhone respectfully, that show the location of DUI checkpoints, according to wmal.com.

Blackberry pulled its drunk driving checkpoint location application, PhantomALERT; however, many apps are still available through Google and Apple for a small fee, such as Checkpointer, Buzzed, and Checkpoint Wingman, (which also offers a free version).

There is nothing illegal about publishing this information. In fact, Ingersoll v. Palmer provided the criteria for law enforcement to follow to ensure the constitutionality of a DUI checkpoint. One such requirement was advanced publicity. People v. Banks has since stated that advanced publicity is not a requirement but one factor to be considered along with the other seven criteria. Therefore, these apps can actually assist law enforcement by providing such public notice.

It should also be noted that it is not illegal to avoid a roadblock. Law enforcement cannot lawfully stop a driver for going around a checkpoint as long as the driver is not doing anything unlawful or showing obvious signs of impairment.

San Diego DUI Arrest Statistics For St. Patrick’s Day Weekend

March 20, 2011 | The Law Offices of Susan L. Hartman

irish handcuffs.jpg San Diego law enforcement was out looking for drunk drivers during the St. Paddy’s holiday and for all the personnel and money expended for the roadblocks, the DUI arrests were very low.

In Poway, a DUI checkpoint was set up at the 14400 block of Pomerado Road on March 18th, from 7 p.m. until 2:30 a.m. 669 drivers passed through and only 3 driving under the influence arrests were made.

Chula Vista also conducted a DUI checkpoint on the 2300 block of Main Street, from 7 p.m. until 12:30 a.m., on the same day. 1,047 vehicles passed through this one, and only 4 were arrested on suspicion of drunk driving.

San Diego, Oceanside, and San Marcos announced they would have a DUI roadblock; however, they have yet to release their statistics.

Online Sources:

DUI Checkpoints Net 7 Drunken Driving Arrests: 10news.com
News Releases: San Diego Sheriff’s Department

San Diego Police Announce DUI Checkpoints For St. Paddy’s

March 16, 2011 | The Law Offices of Susan L. Hartman

A DUI checkpoint will be conducted in San Diego at an undisclosed location within the city limits on Thursday, March 17th, between 9:00 p.m. and 3:00 a.m, according to the San Diego Police Department.

San Marcos will also conduct a drunk driving checkpoint at an undisclosed location on St. Paddy’s Day, from 7:00 p.m. until 2:00 a.m., according to the San Diego Sheriff’s Department. green beer.jpg

Poway Sheriff’s Station will setup a drunk driving checkpoint on Friday, March 18th, between 7:00 p.m. and 2:30 a.m. In addition, Oceanside police will conduct a DUI Checkpoint on that same day but from 8:00 p.m. until 3:00 a.m. The exact address of these drunk driving checkpoints has not been released.

Everyone wants to indulge in green beer or a few shots of Irish whiskey on St. Patrick’s Day. However, to avoid being arrested for driving under the influence at the end of your party, plan ahead: Designate a sober driver; use public transportation or a taxi; or plan to spend the night at the party location.

San Diego County DUI Checkpoints and Saturation Patrols For Super Bowl Weekend

February 3, 2011 | The Law Offices of Susan L. Hartman

super bowl.jpg San Diego will have saturation patrols in more than 20 communities throughout the County to stop and arrest drunk drivers, according to a San Diego Sheriff’s Department press release.

Encinitas will also be conducting a driving under the influence (DUI) checkpoint on Saturday, February 5th, 2011. The location of this checkpoint has not been released on the San Diego Sheriff’s website or 10news.com.

Fans are encouraged to have a good time without drinking and driving. Authorities are asking everyone to consider the following options when making plans for the Super Bowl:

Participate in the designated driver program. Make sure you designate a driver to refrain from drinking before the party begins.
Add a local cab company to your cell phone contact list. If you are drinking, use that cab company’s number.
Pace yourself and mix in non-alcoholic drinks and food.
Stop drinking in the third quarter.
Stop anyone who is impaired from driving.

San Diego & California Driving Under The Influence Arrests Decrease During 2010-11 Holiday Season

January 5, 2011 | The Law Offices of Susan L. Hartman

The San Diego Sheriff’s Department announced the final DUI arrests and fatal accident numbers for the 2010-2011 holiday season. According to the Sheriff’s press release, 14 county law enforcement agencies contributed to this year’s efforts through DUI checkpoints and saturation patrols from 12:01 a.m., Friday, December 17, 2010, through midnight, Sunday, January 2, 2011.

A total of 715 people were arrested for driving under the influence (DUI) of alcohol and/or drugs. This was 91 fewer arrests than the 806 DUI arrests made in 2009/2010 during this same period. Two deaths are attributed to drunk drivers. One fatal DUI accident occurred on December 18th, in El Cajon. The second fatality occurred in La Mesa on January 1st, 2011.

Throughout California, California Highway Patrol (CHP) officers arrested 961 people for suspected drunk driving and 25 people died on roadways between 6:00 p.m. Friday, December 31st, 2010, and 11:59 p.m. Sunday, January 2nd, 2011, according to signonsandiego.com. This was down from last year’s statistics in which the CHP reported 1,388 arrests and 36 deaths a year ago. (Note: Last year’s reporting period was four days as compared to this year’s three days.)

San Diego Announces More Sobriety Checkpoints During New Year’s Weekend

December 30, 2010 | The Law Offices of Susan L. Hartman

cartoon.dui.jpg The following San Diego DUI checkpoints and saturation patrols have been published by californiaavoid.org:

Poway: 12/30, DUI Saturation Patrol, 8:00pm – 3:00am.
Carlsbad: 12/30, DUI Checkpoint, 7:00pm – 3:00am.

Lemon Grove DUI Checkpoint Scheduled

December 29, 2010 | The Law Offices of Susan L. Hartman

Lemon Grove will conduct a driving under the influence (DUI) checkpoint on January 1st, at the 6900 block of Broadway, according to the San Diego Sheriff’s Department press release.

The checkpoint is funded by the California Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration. OTS deemed 2010 to be the “Year of the Checkpoint.” They funded 44% more DUI checkpoints in 2010 then they did in 2009; however, according to californiaavoid.com, to date, DUI arrests in San Diego are down from 2009.

San Diego Drunk Driving Arrests Down Over Christmas Holiday

December 27, 2010 | The Law Offices of Susan L. Hartman

martini.holidays.jpg San Diego County recorded twenty-two driving under the influence (DUI) arrests by the California Highway Patrol (CHP) from Christmas Eve through 6 a.m., Sunday, December 26th. This is down from the 38 arrests made over the same period last year.

There have been 202 total DUI arrests in San Diego County from December 23rd through December 27th, 2010, according to californiaavoid.com. That is down from the 224 DUI arrests made for the same period last year.

More DUI checkpoints and saturation patrols are expected throughout the New Year’s weekend. This blog will continue to update information regarding the cities, exact locations, and times as the information is published.