| It is not your imagination there actually are more law | | | | checkpoint can make anyone feel nervous. |
| enforcement officers on the roads during the holiday | | | | Remember that holiday checkpoints are for public |
| season and therefore there's a greater likelihood that | | | | safety and they are not meant to be harassment. |
| you could be arrested for DUI. For the 2009-2010 | | | | Keep in mind the above requirements for checkpoints |
| Holiday Season the dates of this stepped up period of | | | | to be constitutional. For your part, you must know your |
| enforcement in the San Francisco Bay Area will be | | | | rights so that you don't self incriminate. |
| December 18, 2009 through January 3, 2010. To view | | | | Can the officer ask if you have been drinking? |
| a schedule of roadside checkpoints in your area go to | | | | You can be asked if you have been drinking but you |
| californiaavoid.org. | | | | should be advised that anything you say can and will |
| Beginning in 1973 the Santa Clara chapter of Avoid | | | | be used against you. It is better to say nothing. Don't |
| has made it their mission to reduce fatalities that result | | | | convict yourself. It is your job to protect your fifth |
| from drunk driving during the holiday seasons. To do | | | | amendment right against self-incrimination. |
| this 125 participating law enforcement agencies and 9 | | | | Can your car be searched? |
| Bay Area Counties coordinate their efforts to include | | | | For your car to be searched there must be probable |
| public awareness campaigns, additional officers | | | | cause. If an officer asks if they may search your |
| through increased funds for overtime and roadside | | | | vehicle you may politely refuse. Remember anything |
| checkpoints. Drunk driving arrests peak during the | | | | you say can be used against you so don't offer |
| holidays. Last year during the 2008 holiday period, | | | | additional information. |
| Avoid reported that there were 827 DUI arrests in | | | | Do you need to submit to sobriety testing if stopped? |
| Santa Clara County alone. | | | | Most States including California have implied consent |
| Are Checkpoints Constitutional? | | | | laws whereby refusal to take a field sobriety test |
| The argument has been made that DUI checkpoints | | | | results in automatic, one-year suspension of your |
| are an infringement of the Fourth Amendment, which | | | | driving privilege. This suspension can be challenged |
| protects us against unreasonable search and seizure. | | | | through a DMV hearing. What is more, you can still be |
| While twelve states uphold this belief and do not allow | | | | convicted of driving under the influence if there is other |
| checkpoints, California is not one of them. Furthermore, | | | | evidence that you have been drinking which could |
| probable cause is not needed. The Supreme Court | | | | include the presence of empty bottles of alcohol or the |
| ruled, in 1990 that the infringement of citizen's rights | | | | smell of alcohol on your breath. If given a choice |
| caused by DUI checkpoints was overshadowed by | | | | between a blood test and a breathalyzer you might |
| the potential public benefit of removing impaired and | | | | want to opt for the latter as breathalyzer results are |
| dangerous drivers from the roads. The Supreme Court | | | | less reliable and can be challenged in court by experts. |
| added and California adopted the following stipulations | | | | What if you only had one drink? |
| that must be adhered to, in order for the stops to be | | | | Remember that it is not illegal to drink and drive. It is |
| legal:o Checkpoints must be published in advanceo | | | | only illegal to be drunk while driving. However, be very |
| Locations of checkpoints are to be picked based on | | | | careful, because as little as.04% BAC (blood alcohol |
| drunk driving statisticso Time frame must be scheduled | | | | level) can mean impairment. |
| for effectiveness and minimum intrusivenesso | | | | .08% BAC is the legal limit under California law. |
| Roadside stops must be made according to a formula | | | | Therefore two drinks could put you over the limit |
| - not by random or profile targetingo Alternate driving | | | | depending upon your weight, what you had to eat and |
| routes must be availableo Warning lights and signs | | | | your physiological makeup. It is always better to have |
| must be clearly visible to alert drivers of slow downs | | | | a designated driver. A BAC of higher that.15% can |
| and hazardso Drivers cannot be detained beyond | | | | result in a harsher punishment. Other things such as |
| what is minimally necessaryo A supervisor is required | | | | prior DUI convictions can also result in harsher |
| to authorize all actions, not arresting officers | | | | punishment known as enhancements. |
| Even if you have not been drinking, a roadblock with a | | | | |