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Autumn and San Diego DUI Saturation Patrols. San Diego DUI Defense Attorney explains

by | Nov 4, 2019 | Firm News |

I was reading about a San Diego DUI checkpoint this weekend.

You can read it here.
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The fall season brings changes to San Diego.  Mind you, San Diego has the best weather in the world.  However, it gets dark faster.  The Autumn season brings events that involve spirits (Halloween, thanksgiving, christmas, and football).

There will be an increase in San Diego DUIs and Saturation Patrols.  Most people know what a San Diego DUI checkpoint is.  Not many know what a San Diego DUI saturation Patrol is.  These Patrols make out a large amout of San Diego DUI arrests in parts of San Diego.

What is a San Diego DUI Saturation Patrol?

Law Enforcement is utilizing “Saturation Patrols” rather than sobriety checkpoints more often. It helps beef up police presence and ultimately brings in ample revenue due to increased traffic citations given. DUI saturation greatly affect the members of the impacted community both good and bad (and usually without their knowledge). An initial analysis of a good DUI defense is to find out whether the officer was on patrol as part of a DUI saturation detail.

Definition: Saturation patrols involve law enforcement deploying additional police officers to targeted roadways during select time periods to detect and apprehend impaired drivers.

Law Enforcement Perspective – Primary MIssion of DUI Saturation Patrols:The primary focus for officers during saturation patrols is to find impaired drivers by observing changes in driving behaviors. The behaviors most often assessed are: lane deviation, following too closely, and/or speeding (Greene, 2003). The intention of this heavier police presence is to increase motorists’ perception that they will be arrested if they drive drunk. Saturation patrols are legal and do not present many legal issues beyond those associated with routine traffic stops. Measured in arrests per working hour, these blanket patrols are viewed by some as the most effective method of apprehending drunken drivers (Greene, 2003). Many police departments favor them over sobriety checkpoints for their effectiveness, reduced staffing, and the comparative ease of operating saturation patrols.

Reality: In practice, DUI Saturation comes with a price for the people who live in the saturated community. This includes people who live in the community. Why? Because in DUI saturation, investigations officers are looking to make a traffic stop for the slightest violation To them, that observation is their first sign of possible impairment. Instead of an objective analysis of their observations, EVERY action a vehicle makes outside the norm is possibly due to impairment. When they approach the drivers window, they are not going to contact the driver and note observations that may show impairment, but are approaching with a “tell me why you are NOT DUI” mentality. More drivers in Point Loma get detained and investigated when in most other instances they would not. Furthermore, DUI saturation patrols result in more tickets for San Diego drivers. The police will stop you for rolled stop signs, no seatbelt, a slight drift in the other lane, and other infractions that police may normally drive by in other community.

So what does this mean?: In exchange for less DUIs on the street, the citizens of Santee will have to endure more stops by police. More in the Santee community will have to go through DUI evaluation and Field Sobriety tests even when they are not impaired because the police are looking to arrest. While the saturation patrols are legal, the citizens of Santee will ultimately get more traffic tickets than other communities because the police are looking to stop you for the slightest traffic violation. That is the purpose those officers are on patrol that day….it is their mandate and mindset…to them it is their first clue to a DUI. This means the Santee community may be safer because more DUI drivers will be stopped….but at what price?

Enjoy the Autumn season.  I hate to see the sun leave us so early.  Be careful and safe.

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23152.

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. 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, 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.

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