We remain open and steadfast in our commitment to helping our clients during these difficult days.

Proven Approach With Results Forged Through Experience

Image of attorney Mark L. Deniz

Labor Day DUI Crackdown Continues with Overnight Checkpoints in San Diego County

On Behalf of | Sep 6, 2015 | Firm News |

San Diego DUI I arrests are up from last year. The police is in full enforcement. It is key to be safe and smart. Do not risk a San Diego DUI. If you do get stopped please remember your rights. I would commit these to memory because it will be tough to remember if the situation is happening. There are just a few main points to remember. The easiest thing to do is just do not tempt fate and risk a San Diego DUI. Get a designated driver, Uber, etc. Go Chargers!

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.


The San Diego Sheriff Department’s crackdown on drunken driving over the Labor Day weekend continued Friday night with checkpoints in San Marcos and Imperial Beach.

In San Marcos, deputies watched as over 2,500 vehicles went through the checkpoint in the 800 block of West San Marcos Boulevard. They made four DUI arrests, three for alcohol and one for drugs, and made two arrests for other violations.

Citations were issued to 9 people for violations ranging from driving without a license to possession of marijuana in a vehicle.

Over 1,000 vehicles went through the checkpoint at Palm and 9th Avenues in Imperial Beach. Deputies made two DUI arrests – one for alcohol and one for drugs – and issued 16 citations for various violations.

Additional checkpoints are scheduled for Saturday night in Vista and Sunday night in Encinitas, and motorists can expect stepped up patrols.

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 or other crime you need to call our office now at 858-751-4384 for a free consultation.

The full article can be found here.

Remember, 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.
FindLaw Network
Share This