DUI Checkpoints: Huntington Beach Gets A Grant

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Courtesy of the Law Offices of EJ Stopyro

DUI checkpoints are a major enforcement tool used by Orange County law enforcement agencies to detect and arrest drunk driving. Drivers may be legally detained at these DUI checkpoints and, if alcohol is detected, police will request that they take field sobriety tests and a “voluntary” breath test. This may lead to the driver being arrested for DUI and subjected to harsh penalties through the court proceedings as well as a license suspension after a DMV hearing.

The Huntington Beach Police Department has just been awarded a grant of $107,500.00 by the California Office of Traffic Safety, according to the Orange County Register. The grant will be used to set up and operate eleven DUI checkpoints in Huntington Beach. This amounts to roughly one DUI checkpoint every month for the next year.

The DUI checkpoints operated by the Huntington Beach Police are usually manned by officers who are working overtime. The grant money will be used mainly to pay the overtime for officers to operate the checkpoints. Budget cuts in the Huntington Beach Police Department have forced the Department to eliminate its DUI enforcement unit—a group of officers who specifically look to make DUI arrests in Huntington Beach. This is why the police department applied for the grant. According to the Huntington Beach Police Department, DUI arrests are down this year because of the loss of their DUI enforcement unit. In fact, Huntington Beach ranked among the five worst cities for alcohol related collisions among 53 cities with populations between one hundred thousand and two hundred and fifty thousand, according to Police Chief Ken Small.

 Although the Supreme Court has held that DUI checkpoints are constitutionally permissible, there are specific criteria that must be observed in order for a DUI checkpoint arrest to be legal.

1.         The public must be given advanced notice of the checkpoint. The location and time of operation must be provided to the media;

2.         As drivers approach the checkpoint they must have the opportunity to avoid the checkpoint if they choose. Drivers who turn to avoid the checkpoint cannot be stopped solely because they turned to avoid the checkpoint.

3.         There must be a random formula for deciding which cars to stop--for example, every 5th car.

4.         The location of the checkpoint must be reasonable can't be put in a dangerous situation.

5.         The sobriety checkpoint must be well marked, well lit, and have adequate signs to notify approaching drivers.

6.         The duration of the stop must be limited and reasonable. The intrusiveness of the stop must be minimized as much as possible.

7.         Field officers are limited in their discretion.

8.         Safety conditions must be maintained.

For more information call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an experienced Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

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