DUI Patrols in Orange County This Weekend
As you can see from the above, the Orange County Sheriff’s Department sent our Orange County DUI Lawyers a press release this afternoon, announcing DUI Patrols in Orange County This Weekend in the following cities:
- Dana Point
- San Clemente
- San Juan Capistrano.
What is a saturation patrol?
A saturation patrol is different from a DUI checkpoint. Statistics show that DUI checkpoints are a bad way to crack down on drunk driving. DUI Saturation Patrols, which have officers with training in detecting persons driving impaired, have substantially higher arrest rate. Measured in arrests per working hour, saturation patrols are statistically the most effective method of apprehending drunken drivers (Greene, 2003).
If you are driving in Dana Point, San Clemente, and San Juan Capistrano, be aware that police are out in force looking to pull over people for any violation, no matter how small, to detect for drunk driving. They are especially on the lookout for driving under the influence of drugs, or drug DUIs (DUID).
Why do law enforcement conduct Orange County DUI Checkpoints?
DUI Patrols in Orange County This Weekend, and DUI Checkpoints are even admitted by law enforcement to be less effective than other means of removing drunk drivers from the road. But, even though DUI checkpoints don’t work, police state they had a deterrent effect preventing people from driving in the first place. The truth is that funding in grants from the California Office of Traffic Safety (OTS), MADD, and the Federal Government ensure DUI checkpoints are used first before other measures.
ARE DUI CHECKPOINTS LEGAL?
The US Supreme Court, as well as the law in California, including the Ingersoll v. Rand decision, makes DUI checkpoints legal, as long as they follow certain criteria, including:
- Decision making by supervisors: This is important to ensure that checkpoints aren’t set up in “arbitrary and capricious” locations. The court didn’t say so, but we’re guessing they wanted to avoid any accusations of racial profiling.
- Limits on discretion of field officers: The theme of distrust of the officer continues. Strict procedures and a random selection of drivers according to a preset pattern (every third driver, for example) are suggested to avoid abuse.
- Maintenance of safety conditions: We’re not sure how it applies to constitutionality, but the court wanted lots of bright lights and signs.
- Reasonable location: The location should be based on relevant factors, such as areas with high incidences of DUI or DUI accidents.
- Time and duration: There are no hard and fast rules, but the timing should be set to optimize the effectiveness of the checkpoint. In other words, put ’em up when the drunks are out.
- Indicia of official nature of roadblock: This is more babble about bright lights and warning signs. They do mention that the lights and signage should be visible for the sake of notification to the drivers. Drivers also can’t be pulled over for avoiding the checkpoint, unless they violate a law to do so.
- Length and nature of detention: The time of the stop should be minimized as to infringe on a person’s rights as little as possible. That means peek at the eyes, smell for booze, and look for cans. If there are no signs of intoxication, the driver should be let go. If they look or smell drunk, field sobriety tests are appropriate.
- Advance publicity: Ingersoll was in favor of advance publicity. It referred to the deterrent effect and stated that the notice minimizes intrusiveness to a person’s rights. In 1993, the court in People v. Banks stated that publicity was not a requirement, but it certainly helps.
Contact our firm if you have any questions about the DUI Patrols in Orange County This Weekend.