Every person should know their rights regarding a DUI checkpoint. This weekend law enforcement will be out in full force looking for potential San Diego DUI drivers. If you drive after drinking any alcohol you will become a subject of a San Diego DUI investigation. These officers will error on the side of arresting. Be safe and enjoy the holiday.
With Labor Day just over two weeks away, the San Diego Sheriff’s Department is gearing up for a final crackdown on summertime drunk drivers across the county.
Motors should expect increased DUI patrols beginning Friday, and checkpoints in the following cities:
- Poway – Aug. 21
- Santee & Imperial Beach – Aug. 28
- Imperial Beach & San Marcos – Sept. 4
- Vista – Sept. 5th
- Encinitas – Sept. 6
“There is no excuse for impaired driving,” said Sheriff Bill Gore. “The sheriff’s department has a zero tolerance policy. You will go to jail if our deputies catch you drinking and driving.”
Gore recommend that if you do drink, be sure to have a designated driver ready or call a taxi. He also reminded San Diegans of the county’s “social host”ordinance, which targets anyone serving alcohol to a minor.
Funding for the Labor Day DUI checkpoints and patrols is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
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.
The full article can be found here.
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:
- Supervising officers must make all operational decisions;
- The criteria for stopping motorists must be neutral;
- The checkpoint must be reasonably located;
- Adequate safety precautions must be taken;
- The checkpoint’s time and duration should reflect “good judgment”;
- The checkpoint must exhibit sufficient indicia of its official nature;
- Drivers should be detained a minimal amount of time; and
- 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.