DUI Attorney: Can Cops Wait Outside The Bar? - EJ Stopyro

Detecting and arresting drunk drivers has become a priority for many California law enforcement agencies. Consequently, DUI attorneys have seen the police develop special DUI detection tactics to increase DUI arrests. These include DUI checkpoints as well as DUI saturation patrols (extra patrols dedicated to DUI enforcement). A more controversial tactic consists of police officers waiting outside of establishments that serve alcohol and targeting motorists when they leave–looking for any reason to stop them and conduct a DUI investigation.

Although this practice may seem inherently unfair, we DUI attorneys are well aware that the United States Supreme Court has upheld the legality of these “pretextual stops” as long as the officer finds some legal justification to pull the driver over. The Supreme Court ruled that the subjective intention of the officer (looking for a DUI driver) doesn’t matter as long as the stop is for a valid law violation. So, for example, a police officer can wait outside a bar and watch the vehicles that leave. If the officer witnesses any violation, such as an inoperable license plate lamp, the officer may lawfully stop the vehicle. If, during the stop, the officer detects an odor of alcohol or any other signs of alcohol intoxication, such as bloodshot eyes or slurred speech, the cop can conduct a DUI investigation.

These “DUI stakeouts” have become increasingly popular with law enforcement. However, any Orange County DUI attorney knows that jurors tend to disfavor this particular enforcement practice. Moreover, those drivers arrested as a result of a DUI stakeout are usually in a good position to fight the DUI charge in court with a “rising defense”. Because the driver is usually arrested immediately after leaving the bar their DUI attorney can easily establish that the time of finishing the last drink was very close to the time of driving–a critical element in a rising defense.
For more information about DUI defenses that work, call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation with an experienced Orange County DUI attorney.