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What to do when arrested at a San Diego DUI Checkpoint.

On Behalf of | Aug 9, 2016 | Firm News |

Summer and fun here in San Diego.  It is a mix of fun and potential danger.  People eed to be smart and plan ahead if alcohol is in your plans.  Get Uber or Lyft ready to go.  Secure a Designated driver.  What you do not want to do is tempt fate and drink & drive.

The checkpoint in the article below about a San Diego DUI checkpoint.  There are several more planned around the county.

The officer will see you drive in.  They will ask if you had anything to drink.  If you say yes….you will be sent to the screening area.  If you say no…. the officer is going to be scoping you out.  The later the night….the more likely you had alcohol they may send you to secondary screening.  Do not be suprised if the San Diego DUI officer gets in your face and checks the eyes and sniffs around for the smell of alcohol.

Again, do not tempt fate.  If the officer is on the fence there is NO doubt they will error on the side of arrest.  Have a great August and be safe.

The San Diego Police Department announced that a DUI and drivers license checkpoint will be set up at an undisclosed location beginning at 11 p.m. on Tuesday night.

It’s common for the SDPD to announce overnight checkpoints without revealing the location, as part of an effort to discourage people from drinking and driving. As per the usual setup, the location will be picked based on collision and arrest statistics. The checkpoint will be active until 3 a.m. on Wednesday morning.

Officers will be looking for signs of alcohol and/or drug impairment with and also checking drivers for proper licensing, delaying motorists only momentarily. When the public is well-informed about upcoming DUI checkpoints, this has been proven to reduce DUI crashes by 20 percent, according to the SDPD.

Over the past three years officers have investigated 2,381 DUI collisions in California, which killed 19 people and injured another 2,257, according to the SDPD.

The California Office of Traffic Safety (COTS) offers a free mobile app called Designated Driver VIP (DDVIP) that allows users to “Map a Spot” with their current location. That helps users find other sober drivers in the area. It also connects users with other ride sharing services such as Uber, Lyft or Curb, through one screen.

Funding for the checkpoint is provided by a grant from the COTSD through the National Highway Traffic Safety Administration.

The Full article can be found here:

Hire a Proactiveaffordable, and quality defense when you are facing San Diego DUIcharges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected]

Below is information on San Diego DUI checkpoints.  

San Diego-area municipalities have been increasingly using DUI or sobriety stops in recent years to apprehend suspected drunk drivers. The substantial state grant money, proceeds from fines and additional penalty assessments from court convictions has encouraged city governments and the California Highway Patrol to continue expanding the use of DUI checkpoints.

Checkpoints are often set up on weekends throughout San Diego County, from Oceanside to Chula Vista. The use of checkpoints is not always legal, however. In 1987, following the Ingersoll v. Palmer ruling, the United States Supreme Court gave guidelines necessary before any law enforcement officer(s) could initiate a checkpoint.

When a DUI checkpoint arrest is challenged in criminal court, the judge will consider each of the following factors:

  • The location chosen for the checkpoint
  • Time and duration the checkpoint is operated
  • Degree of discretion left to individual police officers
  • Standards set by superior officers
  • Wheth
    er advanced notice was given to the general public and approaching drivers
  • Adherence to road safety conditions
  • Length of time each driver is stopped and detained

Defending Your DUI Checkpoint Case

I, Mark Deniz, can help you evaluate whether your individual rights were violated and the appropriate next steps in your individual case. I am a local San Diego DUI lawyer who has handled hundreds of jury trials and hundreds of DUI cases throughout the San Diego area.

Common problems with DUI checkpoints include:

  1. Police officers stopping and detaining drivers who turn off the road before going through an announced DUI roadblock. Making a turn, even if for the expressed purpose of avoiding the roadblock, is not illegal and is not a legitimate reason to stop and detain a driver. It is a violation of your rights, and I can file a motion to have the evidence collected after an illegal stop and arrest thrown out of your case.
  2. Breath testing with mobile breath test devices. Breath testsadministered in the field may give faulty readings due to damage that can occur to the device in the field and the calibration of the device. I can challenge the reliability of the results on several grounds, including the requirements of Title 17 of the California Code of Regulations, which mandates that individuals being administered breath tests be observed by a police officer for a minimum of 15 continuous minutes prior to the test, which rarely occurs in any DUI arrest situation.

DUI checkpoints impose significant intrusions upon the general public. Their allowance in practice should be extremely limited. If you or a loved one was arrested on suspicion of drunk driving at a DUI roadblock in San Diego or surrounding areas, please call The Law Offices of Mark Deniz APLC to speak with me right away.

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