The Newport Beach Police Department announced that there will be a DUI Checkpoint in Newport Beach tonight, June 22, 2017. The location was not disclosed, but Newport Beach PD checkpoints are often along Jamboree at Santa Barbara (near the police station), or other areas near Pacific Coast Highway and Fashion Island. The DUI Checkpoint in Newport Beach tonight, June 22, 2017, will operate between the hours of 8:00 p.m. and 2:00 a.m.
During summer, Orange County DUI Checkpoints are scheduled at random times, (including a Tuesday, like last week’s checkpoint), including this one on a Thursday, and a to increase visibility.
Are DUI Checkpoints Legal?
As most people know, DUI checkpoints are roadblocks that law enforcement officers set up on roads. They are set up for the purpose of catching people driving under the influence of alcohol. Many point out that they are used to generate revenue for police departments, since the stops often result in car impound fees shared with the police agencies, officer overtime paid for by grants, and in some cases thousands of citizens being slapped with fines for minor offenses unrelated to DUI. Civil asset forfeiture laws do allow the police to seize vehicles and share impound fees between the police and that practice by itself has been heavily criticized and has led to changes in the law. has been implemented during these stops as well.
In other jurisdictions, twelve states do not conduct sobriety checkpoints. That is because they prohibit them by state law or their interpretation of their State Constitution. If you live in, or are driving through, any of these 12 states, DUI checkpoints are illegal and are not allowed by law:
- Rhode Island,
- Wisconsin, and
Many of the 38 states DO conduct checkpoints under their laws. they do so based upon interpretation of actions allowed the State under the federal Constitution. Washington, D.C. also allows them for that reason.
Are DUI Checkpoints in California Legal?
The U.S. Supreme Court has ruled that in the case of DUI checkpoints, our Fourth Amendment rights don’t apply. The court found that the interest in reducing drunk driving outweighs the “minor infringement” on a driver’s rights.
Certain requirements for “Constitutional” checkpoints do apply, though. In California, the Ingersoll v. Palmer decision applies:
In order for the checkpoints to be Constitutional there must be clear guidelines that are carefully followed by the legal authorities. Additionally, the Court has left it up to each individual state to develop these guidelines. In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints. The sites selected should be in areas that have a high incidence of drunk driving and the length of each stop should be minimized.
Will the DUI Checkpoint in Newport Beach tonight, June 22, 2017 be effective?
As we have pointed out in one of our most popular pages, DUI checkpoints are not effective, and do not work. Hopefully the DUI Checkpoint in Newport Beach tonight, June 22, 2017, is safe for everyone.
Contact us Today.
If you have questions about a DUI checkpoint, or were arrested for DUI in Orange County, contact our DUI Defense Law Firm today. We can help you and give you an honest assessment of your case.