Legislation Targeting DUI Checkpoints

November 24, 2011

Legislation Targeting DUI Checkpoints

If you have ever been stopped at a DUI checkpoint, you may be left wondering just how effective they are at catching actual drunk drivers. You may also have contemplated whether these checkpoints are designed more to increase revenue from impoundment fees rather than find actual drunk drivers. If you have had these thoughts, you are not alone.

Democratic state Assemblyman Michael Allen of Santa Rosa has proposed legislation that would require checkpoints to be only on those roads with high rates of drunk driving arrests. The proposed legislation, A.B. 1389, also will prohibit law enforcement officials from confiscating vehicles at DUI checkpoints when a licensed driver is available to pick them up or the ability to move them to a safe place exists. The law has passed both houses and is currently awaiting the governor's signature. Governor Brown has until October 9th to decide to sign or veto the bill.

Questions on DUI Checkpoint Effectiveness

The fact is many of the vehicles that have been impounded at DUI checkpoints have nothing to do with drunk driving. For instance, The Associated Press reported the story of Nora Ramos, who had to walk home from the hospital after delivering her baby via C-section. The reason? When she was on the way home from the hospital, she had to have her husband, who did not have a valid license at the time, drive because the post-surgery drugs were making her dizzy. They were stopped at a DUI checkpoint, and their car was impounded, leaving them stranded with no other option but to walk the remaining five miles to their home.

Another reason for the bill is the thought that checkpoints seem to target the poor and those in minority groups. Often, illegal immigrants who cannot obtain a driver's license are caught during these routine checks, and have their vehicles taken from them or face deportment. This is not, according to Allen, the reason behind DUI checkpoints, and it detracts from the need to protect people from the true dangers of drunk drivers, Allen told The AP. Those who are opposed to the bill feel that it will tie the hands of the police.

If you have been charged with a DUI at a checkpoint, contact an experienced DUI attorney to discuss your situation.

Article provided by The Law Office of Edward J. Blum
Visit us at http://www.dui-defense-la.com