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Deputies Arrest 4 on DUI Charges at Poway Checkpoint

On Behalf of | Aug 22, 2015 | Firm News |

If you or someone you love is charged with a DUI you need to call our office now at (858)751-4384 for a free consultation.

Poway is probably the most interesting location in terms of DUIs. If the case is a felony DUI it will likely head to Vista courthouse. If it is a misdemeanor it will head downtown to be prosecuted by the City Attorneys office. The agency is usually the Sheriff. The DMV hearing is often not heard at the normal location. These differences can be big when strategizing a DUI case. Below is a checkpoint in Poway. I have had experience as defense as a prosecutor and defense on Poway DUIs. These cases should be thoroughly examined.

San Diego Sheriff”s deputies arrested four drivers on suspicion of drunk driving at an overnight checkpoint Friday in Poway.

More than 1,100 vehicles passed through the checkpoint in the 12100 block of Poway Road between 7 p.m. Friday and 3 a.m. Saturday, and deputies stopped 577 for inspection.

Four drivers were arrested for driving under the influence of an alcoholic beverage and booked into jail. There were four citations issued to unlicensed drivers and two for driving on a suspended license. Two drivers were cited for violations of their provisional driver’s licenses and one for possession of marijuana.

This checkpoint was funded by a grant obtained through the California Office of Traffic Safety.

The sheriff’s department plans a series of checkpoints in the period before Labor Day to educate the public about the dangers of drinking and driving. Drivers who went through the primary screening area in Poway were given information about social host ordinances.


If you or someone you love is charged with a DUI you need to call our office now at (858)751-4384 for a free consultation.

Here is some more information on DUI Checkpoints

What to do if stopped for a San Diego DUI?

First, be polite. If being yourself is being a smart-ass; be somebody else. It is already going downhill when you are stopped. Don’t make it worse. Give him your license and insurance and keep you conversations to a minimum.

Second, decline (POLITELY!) the opportunity to do ANY test – AND THIS IS IMPORTANT – in the FIELD. That includes any field test like walking a line or “following his pen” or blowing into ANY machine in or at his cop car. As a general rule, if you are being asked to do a “field test” or to blow into a hand held device at the point of being stopped, the cop already is planning to arrest you. Don’t give him anymore evidence.

Third, if you ARE arrested, you will be asked to take a test, and likely a breath test. The cop will read you something about taking the test and the last line is “Will you take the State’s Test”? That test will be given to you at the police station, AND NOT IN THE FIELD AT YOUR CAR. I tell my clients to take it. Why? I have had far more success in keeping a failed breath test out of evidence than a refused test. Plus, you might just PASS IT! If you don’t take it, you will DEFINITELY be booked in jail for DUI or APC. However, always ask to have a blood test after you take that breath test. You have that right. And, that can be very smart.

DUI checkpoints must follow eight specific guidelines:

  1. Supervising officers must make all operational decisions;
  2. The criteria for stopping motorists must be neutral;
  3. The checkpoint must be reasonably located;
  4. Adequate safety precautions must be taken;
  5. The checkpoint’s time and duration should reflect “good judgment”;
  6. The checkpoint must exhibit sufficient indicia of its official nature;
  7. Drivers should be detained a minimal amount of time; and
  8. Roadblocks should be publicly advertised in advance.

What I say above is not legal advice but opinions. You need to consult an attorney if you have any questions.

The full article can be found here.

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