Christmas and New Year’s 2019 are here. That means partying to celebrate the great 2019 I wish for all my readers. To address this Checkpoints and Saturation Patrols ramp up to meet the increased number of people who will be drinking and driving…..A word of advice, Use Uber or Lyft. They are a lot cheaper than having to call me the next morning.
When you see a checkpoint as you are driving home can you avoid it? Clearly you are anxious and would not perform well on a DUI test. Is it legal to avoid the checkpoint? Drivers are not obligated to proceed through checkpoints if they can be avoided without breaking any traffic laws like illegal U Turns.
DUI sobriety checkpoints are legal and not a 4th Amendment illegal search and seizure violation, if they comply with all the regulatory rules. Turning onto a side street or turning around before passing through a checkpoint is generally not against the law. Turning around should not, in and of itself, give the police a reasonable suspicion required to make a DUI stop. However, the officer may be able to stop you if he observes any driving that would be sufficient for reasonable suspicion. Thus slow or erratic driving, straddling the line or making an illegal turn could attract his attention and he then could stop your car.
In the Coachella Valley, few realize we have more DUI FATALITIES…per capita, than anywhere else in California. That makes DUI Checkpoints and Saturation Patrols essential to save lives……the drivers and ours. A saturation patrol is a large number of law enforcement officers making their presence known by conducting stops, targeting inebriated, distracted, aggressive and speeding drivers, as well as those with seatbelt or cell phone violations….the whole nine yards of traffic violations.
Drivers offered DUI tests should be cooperative and politely say their attorney is Dale Gribow who advised them not to talk without his permission. If they would please call Dale at 760-837-7500 they would be happy to talk. Explain “they have been advised these Field Sobriety Tests (FST) and breath tests at the scene are optional. If that is correct Officer, then I elect not to take them. Explain you are happy to cooperate with law enforcement and will take a blood test.”
To sum up, with a DUI stop the Officer asks the driver to exit the vehicle & asks questions. Most drivers (and lawyers) don’t know the Breath Test and FST at the scene are OPTIONAL. These tests can only hurt their case. It is arguable that taking a Blood Test at the police station or hospital is preferable. Many believe with the passage of time the reading will decrease by the time the blood is drawn………..unless the driver just chugged a drink and the alcohol had not yet gotten into the blood system. The average driver is not aware that it takes about an hour for the alcohol to go into your blood stream and an hour to come out…………but now YOU DO!
Remember: Silence is Golden and Handcuffs are Silver so DON’T TALK to POLICE without your lawyer’s permission.
Though often referred to as a DUI criminal defense lawyer, I choose to not view my DUI clients as “criminals”. I prefer to view them, and more importantly to treat them, as good, honest people that have found themselves in a scary and unfortunate situation after screwing up.
I look upon my job as protecting the Constitutional Rights of every American who drinks, drives and gets arrested for a DUI or has an ACCIDENT.
I do however “Change Hats” when I SUE Drunk Drivers for damages to my Injured or Deceased (Wrongful Death) clients.
SUGGESTIONS FOR FUTURE ARTICLE? CONTACT DALE GRIBOW 760-837-7500/ dale@dalegribowlaw.com.
DALE GRIBOW
REPRESENTING THE INJURED AND CRIMINALLY ACCUSED
“TOP LAWYER” – California’s Prestige Magazine, Palm Springs Life (PI/DUI) 2011-19
“TOP LAWYER” – Inland Empire Magazine 2016- 2019
PERFECT 10.0 AVVO Peer Rating
“DON’T DRINK AND DRIVE OR TEXT AND GET A DUI OR ACCIDENT. CALL A TAXI, LYFT OR UBER. THEY ARE A LOT CHEAPER THAN CALLING ME”. SO DRIVE SOBER OR GET PULLED OVER.
