DUI Checkpoints in San Diego

DUI checkpoints are a very common law enforcement tactic for catching drivers who are intoxicated on on the roadway. Checkpoints are popular during major party holidays (New Years, Saint Patrick's Day, 4th of July) and on late weekend nights. While checkpoints are allowed by the supreme court, there are certain limitations when it comes to how and where sobriety checks are conducted. The primary guideline involves the randomness of searches; officers cannot select cars to inspect based on their own criteria. Some critics of checkpoints have complained that police have violated this rule in places like Escondido.

Your Rights at a Checkpoint

No one should drive on the road under the influence of alcohol; however, that does not mean you should be forced to sacrifice your constitutional rights when you get stopped at a sobriety checkpoint. If you are stopped by an officer and they ask you to perform a sobriety test, including a breathalyser or field test, you have the right to refuse without penalty. If you are arrested for drunk driving, however, your refusal to submit to a blood alcohol content test can result in stiff penalties. This is because California law states that any driver on the road provides implied consent to any sobriety test.

Constitutional Concerns

The 4th Amendment of the U.S. constitution protects individuals from searches and seizures unless a warrant is issued by a court of law. The supreme court acknowledged that sobriety checkpoints violated this protection; however, Chief Justice Rhenquist argued that this minor violation of civil rights was justified by the overwhelming concern to get impaired drivers off the road. Many other justices at the time disagreed, saying that there should be no exceptions to constitutional protections.They also noted that there was little evidence to support the use of DUI checkpoints in reducing drunk driving incidents.

Immigration Checks  in Escondido

Early in 2012, the City of Escondido was involved in a controversy surrounding their use of sobriety checkpoints to check the immigration status of drivers. For every driver caught drinking and driving, ten were found to be driving without proper documentation. Federal agents with ICE work with the Escondido police to help deport individuals discovered with an undocumented status at these checkpoints. Civil rights critics have complained that these sobriety checks unfairly target the Latino population of the area.