July 4^th DUI in California?

DUIs Increase, Tragedy in Oceanside, and What to Do

Are you wondering what to do if your Independence Day celebrations are now threatening your independence? If you found yourself in handcuffs after drinking and driving during the July 4^th weekend in California, you’re not alone.

For many Americans, Independence Day is synonymous with indulgence, including eating 150 million hotdogs and spending a whopping $3 billion on beer and wine. Combine over $3 billion in alcoholic drinks with the number of people who decided to travel over 50 miles from home for a celebration: 50.7 million, and it’s a recipe for trouble.

Unfortunately, not everyone was able to find a designated driver, cab, Uber, or Lyft in Southern California when they needed one this past holiday weekend.

And the California Highway Patrol (“CHP”) and police departments were out in force, focusing on distracted, reckless, or drunk driving in a weekend long “maximum enforcement” campaign.

As a result, drunk driving accidents and charges were in abundance this holiday season – more so than has been the trend from recent years.

July is the Most Dangerous Month for Car Travel

Over the four-day weekend, the CHP arrested 1,224 people for driving under the influence on California roads and highways, according to ABC 10. What does that number of statewide California 4^th of July DUIs mean? It means that more people were arrested for DUI and drug DUI this year than the agency arrested in the past two years.

When the increase of travelers crowd the highways for social engagements, and possibly some who have had a few too many drinks, the Fourth of July weekend earns the distinction of one of the most dangerous times to be on the road.

This has resulted in many newspapers and websites trying to help drivers discover the safest and best time to travel for the Fourth of July holiday.

“July Fourth is a holiday where people are off work, out of school, and they may be celebrating with alcohol,” Russ Rader, the senior vice president of communications at the Insurance Institute for Highway Safety (“IIHS”) told Today. “And alcohol use sharply increases the risk of crashes.”

This makes July one of the most dangerous months to be on the road, with more people dying in drunk driving crashes than any other month of the year, according to Today.

Nearly 70 people died in car crashes over the 4^th of July holiday weekend across California, according to ABC 10.

The “National Highway Traffic Safety Association found that between 2007 and 2011, 40 percent of all the highway deaths that occurred were the result of drunk drivers over the Fourth of July weekend. July 3rd was also in the list of the top 10 deadliest days to be on the roads because of drivers being under the influence,” according to alcohol.org.

The IIHS notes that car crashes taking place on or during the Independence Day holiday claim an average of 118.4 lives every year, particularly since binge drinking around the Fourth of July makes the occasion “one of the most consistently deadly days of the year.” The organization emphasizes that this increased risk not only applies to those who drive drunk, but also other drivers and pedestrians.

This rise in DUI arrests this year is concerning to the CHP, Officer Mike Salas told MSN. Therefore, the CHP is currently focusing on educating people that even one drink can put others, yourself, and your freedom to drive at risk.

Tragedy in Oceanside

It’s sometimes hard to believe that tragedies can occur in our own backyards, but unfortunately one did occur here in Southern California this 4^th.

A 20-year-old Camp Pendleton Marine, Edward Minot Jr. with the 1^st Maintenance Battalion, was arrested on suspicion of driving under the influence and vehicular manslaughter that killed 12-year-old Santiago Gaspar in Oceanside on the 4^th of July.

The two-car crash that took place around 11 p.m. on Surfrider Way and North Myers Street occurred shortly after Oceanside Police attempted to pull over Minot, who was driving without headlights on. He failed to stop, instead speeding up to a high rate of speed before striking the vehicle within which Gaspar, his six-year-old brother, and an adult driver were in. The driver and Gaspar’s brother were taken to the hospital with non-life-threatening injuries.

One woman who lives near the crash site said the accident sounded like a bomb. Minot, who suffered non-life-threatening injuries was placed under arrest at the hospital.

While the investigation is ongoing, police suspect alcohol and speed factored into the crash.

DUI Charges in Southern California

Statistically, a vast majority of those arrested for suspicion of DUI are first time offenders. After the initial shock fades, the real work begins. There are a host of legal, practical, and financial issues you need to tackle if you were arrested under suspicion of DUI on the 4^th of July in California.

Your first move should be to find the best DUI attorney in Southern California. Professional DUI attorneys can find all the weaknesses in the case against you, bolster the strengths in your case, and help you navigate the complex legal system. It’s important to have professionals in your corner who understand what you’re going through and have been successfully defending DUI clients in California for decades.

Talk to a Defense Attorney

At the Law Offices of Taylor & Taylor, we offer a free, no obligation consultation with one of our expert DUI attorneys. Everything you share with us is protected by the attorney client relationship, so we can freely discuss your DUI case, evaluate it, and discuss your options.

Schedule a free consultation with one of our expert California DUI attorneys here.

What to learn more about California DUI defense and Southern California DUIs? Find more articles on our blog, updated regularly!

A DUI on the Fourth of July

The first large 4^th of July party happened in 1777, exactly one year after American independence. It was a day of spontaneous merriment, with fireworks, bonfires, lit candles in windows and gatherings in the streets of Philadelphia, according to Military.com. In those days people could celebrate to their heart’s content without the legal repercussions now associated with transportation.

The modern 4^th of July holiday is largely the same in spirit, but with family, tradition, and parties now intertwined. It’s a time of celebration and reconnection with family and friends. The Fourth of July is about barbeques, quality time with loved ones, and usually a few drinks. But those alcoholic beverages can sometimes spell big trouble once the celebrations end. And the beautiful and patriotic display of red and blue fireworks can easily transition to the unnerving view of red and blue lights in your rearview mirror.

California law enforcement officers this year had heightened awareness around July 4^th, particularly thanks to the planned statewide California Highway Patrol (“CHP”) DUI crackdown across California and the 44 deaths on California highways during the 2022 Fourth of July weekend.

2022 and 2021 saw nearly 1,000 motorists arrested on suspicion of DUI statewide, according to Patch.

California Highway Patrol officers were told to take a “zero-tolerance approach to any roadway actions that put other drivers at risk,” CHP Commissioner Sean Duryee told Patch.

Fourth of July weekend DUI arrests are a concerted effort across California, with sheriff’s departments and municipal police departments in all counties, including Orange County communities like Huntington Beach and Newport Beach and Los Angeles County helping to carry out targeted patrols to find DUI suspects.

4^th of July DUI Checkpoints in Orange County, California

 

There were a total of 19 DUI checkpoints in Orange County for July 4^th in communities like Santa Ana, Orange, Costa Mesa, Irvine, Huntington Beach, Buena Park, Anaheim, and Garden Grove this year. Most began in the early evening and extended until around 2 a.m., attempting to snag drunk driving arrests in Orange County.

It’s important to know that your rights don’t fly out the window when you have to roll it down at a DUI checkpoint and speak with an officer. California officers are trained on the physical signs of driving drunk in Orange County, but they are particularly keen to catch drunk drivers leaving holiday celebrations, and especially at DUI checkpoints.

This can lead to faulty arrests stemming from symptoms from medical conditions being mistaken for intoxication.

For example, the very same symptoms of hypoglycemia can mimic that of drug or alcohol intoxication and lead to you being arrested for drunk driving suspicion in California. Although you may not be driving under the influence, an officer may mistakenly believe you are. These similar symptoms include: confusion, sleepiness, nervousness, slurred speech, and swaying while standing or the inability to maintain balance while walking.

Bacterial or viral infections can also appear to be alcohol or drug intoxication, as can reactions to certain medications, epilepsy, or brain injuries.

Even the stomach acid from gastroesophageal reflux disease and the use of inhaled asthma medications can throw off breathalyzer readings and make someone perfectly innocent appear suspicious to Long Beach police or result in a mistaken DUI arrest in Orange County.

The Law Offices of Taylor & Taylor have incredibly experienced Orange County and Los Angeles County DUI defense attorneys ready to strategize your case and come to your defense when you’ve been wrongly charged with a DUI in either county.

You Deserve Quality Defense of Your California DUI or California Drug DUI Charges

Whether you were pulled over for a DUI in Orange, LA, Riverside, or San Diego County, the consequences of a California DUI conviction are costly to your financial and psychological health. If convicted, these penalties can be both short and long term, including an increase in car insurance rates, revocation or suspension of your driver’s license, the costly installation of an ignition interlock device, professional license suspension or revocation like a CDL license in California or a pilot’s license, and even your captain’s license (although not automatic after the first offense).

 If you ever have any interest in visiting Canada, our northern neighbors don’t take kindly to DUI convictions and can block you from entry. A California DUI conviction without proper legal representation can even end your military career (sometimes before it even begins) and create issues with immigration status, preventing you from gaining permanent US citizenship and forcing you to face possible deportation.

At the Law Offices of Taylor & Taylor, our attorneys have specialized in DUI law and know the intricacies created by precedent, the gray areas; we can quickly assess the weaknesses and strengths of a case, and whether your civil liberties have been violated. Every single step we take with your case is built upon the cornerstone of experience, immersive legal knowledge, and caring about the best possible outcomes for our clients.

Our experienced California DUI attorneys know the law, how best to negotiate with prosecutors, and help you get the best outcomes so you can continue with your life and leave California DUI charges in your rearview mirror.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

First-Time DUI?

Here’s A Guide to Finding the Best DUI Attorney for Your Needs

Hunting for a DUI lawyer? Needing a DUI accident attorney? Your first instinct would probably lead you to do a Google search—which could lead down a long rabbit hole. Instead, we’ll make it easier for you and answer your most pressing questions in this blog post…

Finding the Best DUI Attorney for Your Needs

The unthinkable happened. You or your loved one were arrested and charged with your first DUI in California.

An onslaught of questions is swimming through your head: Should I get a lawyer for my first DUI? Is getting a lawyer for a DUI worth it? How do I find the best DUI lawyer near me? How much does a DUI lawyer cost? And what questions should I ask a lawyer about DUI?

Don’t panic. We’ll go through each of these questions to help you understand the steps you need to take if you or a loved one has been charged with DUI, especially steps you need to take to find a DUI lawyer in Southern California.  

Should I Get a Lawyer for My First DUI?

First, a word of caution: While it might be tempting to go it alone since some first offenders just want to plead guilty and get it over with (you don’t legally need an attorney to plead guilty for a DUI), going to court for DUI without a lawyer puts you at the mercy of a court system that is determined to make an example of you. Because your priorities may be to wrap up the DUI process as quickly as possible, you might overlook other important aspects of the DUI process. You can’t count on prosecutors being merciful if you don’t have a good DUI lawyer or DUI felony lawyer, even if it’s your first offense and you have no previous record.

Most people who get DUIs are first-time offenders, so this by no means gives you an edge. No matter where you are in Southern California, it is important to find a good DUI lawyer. It is never wise to step into a court room, or even attempt to navigate the court system, without legal representation.

Is Getting a Lawyer for DUI Worth It?

When asking yourself the question, “Is getting a lawyer for DUI worth it?” we advise you to ask yourself another question: “How important is my future?”

DUI charges are serious, particularly DUI charges in California. The ramifications can be far reaching and lasting, impacting areas of your life like employment, transportation (if your license is suspended), probation and possible jail time.

While on the surface, representation by the best DUI lawyer can seem costly, consider what lost employment can mean to your immediate future. Not only does lost employment equate to loss of wages, but it also creates a loss of independence—you will now be depending on others to get places, or paying for costly Uber rides for months, if not years, of your life.

Here are specific ways that having a DUI defense attorney in Riverside County; DUI defense attorney in LA County; DUI defense attorney in Orange County; or DUI defense attorney in San Diego can help.

Remember: You are paying for their wealth of knowledge and ability to adeptly maneuver through the legal system with your rights top-of-mind.

Ways having a DUI Defense attorney in California can help:

Knowledge and Experience: DUI laws and legal procedures can be complex, and an experienced DUI defense attorney has the knowledge and expertise to navigate the legal system effectively. They understand the nuances of DUI laws, potential defenses, and strategies to challenge the evidence against you.

Defense Strategy: A skilled DUI attorney will assess the specific details of your case, such as the traffic stop, arrest procedure, and evidence collected. They will develop a tailored defense strategy based on the strengths and weaknesses of your case. They may challenge the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer results, or question the admissibility of certain evidence.

Plea Bargaining: A DUI attorney can negotiate with the prosecution on your behalf. They may seek to have the charges reduced, secure a plea bargain that involves lesser penalties, or explore alternative sentencing options, such as diversion programs or community service. Their negotiation skills can help achieve the best possible outcome in your case.

DMV Hearings: In California, a DUI arrest triggers a separate administrative hearing with the Department of Motor Vehicles (“DMV”) to determine the status of your driver’s license. A DUI attorney can represent you at this hearing and present arguments to help protect your driving privileges.

Court Representation: If your case goes to trial, having a lawyer by your side is essential. They will build a strong defense strategy, cross-examine witnesses, challenge the prosecution’s evidence, and present arguments on your behalf. They will ensure that your rights are protected throughout all vital court proceedings.

Minimizing Consequences: Even if a conviction is likely, a DUI attorney can work to minimize the potential consequences. They can advocate for reduced penalties, explore alternatives to jail time, and help you understand the available options for rehabilitation or treatment programs.

While hiring a DUI attorney does involve costs, the potential long-term consequences of a DUI conviction can be far more significant. A skilled attorney can guide you through the legal process, protect your rights, and strive to achieve the best possible outcome in your case.

How Much is a DUI Lawyer?

The costs associated with hiring a DUI attorney in California can vary depending on several factors, including the attorney’s experience, reputation, location, and the complexity of the case. So, the question “How much does a DUI lawyer cost?” doesn’t really have a one-size-fits-all answer.

Below is a general idea of the typical costs. However, it’s best to consult with individual attorneys to get accurate and specific information. Here are some common fee structures for DUI attorneys in California:

Hourly Rate: Some attorneys charge an hourly rate for their services. Hourly rates can range widely depending on the attorney’s experience and reputation, typically ranging from $200 to $500 or more per hour. The total cost will depend on the number of hours spent on your case.

Flat Fee: Many DUI attorneys offer flat-fee arrangements for their services. The flat fee typically covers the attorney’s time and services for handling the DUI case from start to finish. The cost of a flat fee can vary depending on the complexity of the case, but it often ranges from $2,500 to $10,000 or more.

Retainer Fee: Some attorneys require a retainer fee upfront, which is an advance payment to secure their services. The retainer fee is typically based on an estimate of the work involved in the case and may be applied toward the total cost of legal representation.

Additionally, it’s important to inquire about what services are included in the fee, such as court appearances, negotiation with prosecutors, or representation at DMV hearings.

Remember, while cost is a factor to consider, it’s equally important to prioritize the experience, qualifications, and track record of the attorney. DUI cases can have significant consequences, so investing in an experienced DUI defense attorney who can effectively represent your interests and protect your rights is crucial.

DUI Lawyer Free Consultation

It’s important to get an understanding of the complexities of your case and how an experienced DUI lawyer in Orange, LA, or Riverside County can help you. If you’d like to get an understanding of your case and what options are available to you, then it would be wise to find a the best DUI defense attorney in California that offers a free consultation involving your DUI, marijuana DUI, or drug-related DUI case. Free consultations with the best DUI attorney in California are valuable because they allow you to ask questions, get an idea of costs, and possible financing.

What Questions Should I Ask a Lawyer About DUI?

It’s a valid question since a CA DUI attorney is going to guide you through a challenging court system, one that harshly reprimands people who drive under the influence of alcohol, marijuana, or other drugs. In fact, those charged with impaired driving can face a haunting criminal record—one that never goes away—even if they are first time offenders and have never had any previous trouble with the law.

In light of the gravity of a possible DUI conviction in California, it’s imperative to consider a number of factors when getting a free consultation with a SoCal DUI lawyer.

Knowledge and Experience: DUI laws and legal procedures can be complex, and an experienced DUI defense attorney has the knowledge and expertise to navigate the legal system effectively. They understand the nuances of DUI laws, potential defenses, and strategies to challenge the evidence against you.

Defense Strategy: A skilled DUI attorney will assess the specific details of your case, such as the traffic stop, arrest procedure, and evidence collected. They will develop a tailored defense strategy based on the strengths and weaknesses of your case. They may challenge the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer results, or question the admissibility of certain evidence.

Plea Bargaining: A DUI attorney can negotiate with the prosecution on your behalf. They may seek to have the charges reduced, secure a plea bargain that involves lesser penalties, or explore alternative sentencing options, such as diversion programs or community service. Their negotiation skills can help achieve the best possible outcome in your case.

DMV Hearings: In California, a DUI arrest triggers a separate administrative hearing with the Department of Motor Vehicles (“DMV”) to determine the status of your driver’s license. A DUI attorney can represent you at this hearing and present arguments to help protect your driving privileges.

Court Representation: If your case goes to trial, having a lawyer by your side is essential. They will build a strong defense strategy, cross-examine witnesses, challenge the prosecution’s evidence, and present arguments on your behalf. They will ensure that your rights are protected throughout the court proceedings.

Minimizing Consequences: Even if a conviction is likely, a DUI attorney can work to minimize the potential consequences. They can advocate for reduced penalties, explore alternatives to jail time, and help you understand the available options for rehabilitation or treatment programs.

While hiring a DUI attorney does involve costs, the potential long-term consequences of a DUI conviction can be far more significant. A skilled attorney can guide you through the legal process, protect your rights, and strive to achieve the best possible outcome in your case.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

DUI Checkpoints, the Fourth Amendment, and the Court Cases That Changed Them

Many people are familiar with DUI checkpoints in California: the flashing lights and signs, the cones and barricades, uniformed officers with flashlights in hand. Late at night or in the early hours of the morning, law enforcement officers screen drivers to check for possible driver impairments: if a driver is suspected of being under the influence of alcohol or drugs.

Some who pass through those checkpoints are impaired—their hands shake as they hand over their identification and they feel their stomachs sink when they are asked to perform a field sobriety test or a breathalyzer.

Additionally, tow truck operators are often at DUI checkpoints, waiting for the Southern California drunk driver who will be escorted to jail and whose vehicle will be towed. EMTs are often waiting as well just in case someone has reached a dangerously high blood alcohol concentration. Unfortunately, this does happen and is a testament to the dangers of alcohol: due to alcohol consumption, the individual driving can barely walk. Alcohol’s influence on the brain impairs judgement, reduces inhibitions, distorts perceptions, and impairs attention and concentration.

A holiday like Memorial Day, the Fourth of July, or Labor Day can quickly become a nightmare if a person is arrested for driving under the influence at a Southern California DUI checkpoint.

The Controversial History of DUI Checkpoints in Southern California

The reach and power of California checkpoints themselves have been tempered by the law in a litany of court cases that have called into question everything from whether they violate the Fourth Amendment to if they are allowed to extend beyond traffic and highway safety to actually be utilized in curbing general criminal activity.

What exists now is a long history of cases on both coasts, and all the states in-between, that question the legality and constitutionality of DUI checkpoints. Scrutiny of DUI checkpoints has not waned thanks to intrepid defense attorneys who have debated their efficacy and helped rein in what was otherwise a complete and indiscriminate violation of motorists’ rights, whether they were law abiding or otherwise.

In this blog post, we’re going to briefly discuss these cases and how they have shaped California DUI checkpoints.

Brown v. Texas

This 1979 court case doesn’t directly pertain to DUI checkpoints, but it did help shape them.

In Brown v. Texas, the Supreme Court weighed the constitutionality of Texas Statute Section 38.02(a) of the Texas Penal Code, that authorized police officers to stop individuals and demand identification without reason or suspicion.

The background of the case stems from Mr. Brown being approached by police officers when he was walking down the street. When he refused to identify himself, as officers requested, he was arrested and charged in violation of that statute.

In a unanimous decision, the Supreme Court held that the statute violated the Fourth Amendment’s prohibition of unreasonable searches and seizures.

The Supreme Court emphasized in its decision that in order for an officer to stop and detain an individual, they must have a reasonable suspicion that the person is engaged in criminal activity.

Although this decision does not directly pertain to DUI checkpoints, its clear and firm principles regarding Constitutionally afforded rights have been applied to DUI cases involving sobriety checks or DUI checkpoints.

Thanks to Brown v. Texas, law enforcement officials can’t indiscriminately stop or detain a motorist. Even at California DUI checkpoints, law enforcement must have reasonable suspicion or probable cause detain or stop motorists. This means that random, warrantless stops and/or detentions of individuals Southern California drivers can’t occur – drivers can’t be detained without any specific suspicion or evidence of wrongdoing.

Aspects of the legality of an California DUI arrest now hinge on whether checkpoints comply with the guidelines established in Brown v. Texas.

This case proved instrumental in shaping the constitutionality and implementation of DUI checkpoints by establishing limitation on law enforcement authority to conduct warrantless stops.

Here are some of the most influential cases regarding DUI checkpoints in the US:

Michigan Department of State Police v. Sitz (1990):

In this landmark case, the United States Supreme Court upheld the constitutionality of DUI checkpoints. The case involved a challenge to the Michigan State Police’s sobriety checkpoint program. The Court ruled that the state’s interest in preventing drunk driving and ensuring public safety outweighed the limited intrusion on motorists’ Fourth Amendment rights against unreasonable searches and seizures.

 

Ingersoll v. Palmer (1987):

The California Supreme Court decision in Ingersoll v. Palmer established guidelines for the constitutionally permissible operation of DUI checkpoints in California specifically. The court held that checkpoints must adhere to specific guidelines to minimize intrusion California drivers would have to endure and to ensure effectiveness. These guidelines included factors such as proper warning, neutral location selection, reasonable time and duration, and the use of supervisory personnel. Again, drivers can’t be detained without any specific suspicion or evidence of wrongdoing.

State v. McLaughlin (1995):

The Washington Supreme Court decision in State v. McLaughlin set forth guidelines for DUI checkpoints in Washington State. Although this decision is not legally binding precedent for California DUI checkpoints, it still provides California guidelines and advice on the issue. The court ruled that for a checkpoint to be constitutional, it must be conducted pursuant to a written policy that limits the discretion of officers in the field, minimizes intrusion on motorists, and ensures the checkpoint’s primary purpose is to detect impaired drivers.

City of Indianapolis v. Edmond (2000):

In this case, the Supreme Court ruled that checkpoints conducted with the primary purpose of general crime control, rather than highway safety, were unconstitutional. The Court held that checkpoints must be designed to serve a primary purpose of highway safety, such as preventing drunk driving, rather than simply detecting general criminal activity. To simply act for the purpose of detecting general criminal activity would be far too broad, and would impinge on individuals’ rights.

State v. Ladson (2002):

The Florida Supreme Court decision in State v. Ladson invalidated the state’s sobriety checkpoint program because it lacked proper guidelines. Akin to the decision of Washington State’s State v. McLaughlin case, although State v. Ladson is not legally binding precedent for California DUI checkpoints, it still provides California guidelines and advice on the issue. The court emphasized the importance of clear written policies and guidelines to ensure that checkpoints are conducted in a constitutional manner, safeguarding against arbitrary and discriminatory enforcement.

As demonstrated in these cases, the legal landscape of DUI checkpoints is perpetually evolving thanks to court cases and legislative actions on the state and federal levels brought by experienced DUI attorneys. Cases continue to push against the legality and constitutionality of DUI checkpoints and persist in refining the powers granted to law enforcement, continually trying to curb arbitrary stops and discriminatory enforcement.

What Are California DUI Checkpoints Like?

Thanks to the legal roadmap created by decades of court cases, particularly the California Supreme Court case of Ingersoll v. Palmer, sobriety checkpoints must now function within specific parameters.

Here is an overview of how Southern California DUI Checkpoints function and when you can be detained:

Notification and location selection: Prior to the checkpoint, law enforcement agencies are required to provide advance public notice regarding the time and location of the checkpoint. This notification can be through press releases, media outlets, or signs posted near the checkpoint site. The location selection must be based on relevant factors such as DUI accident or arrest rates. This is to ensure transparency and compliance with constitutional standards.

Visible and identifiable: DUI checkpoints must be conducted in a manner that makes them readily identifiable as a law enforcement operation. Typically, they are marked with signs, cones, flashing lights, and police vehicles to ensure their visibility to motorists.

Neutral and systematic screening: The checkpoint must be conducted in a neutral and systematic manner. This means that all vehicles passing through the checkpoint should be subject to the same screening process, regardless of the occupants’ characteristics.

Minimal intrusion: The guidelines emphasize that the intrusion on motorists’ privacy must be minimal. This includes ensuring that the checkpoint stops are brief and that the law enforcement officers follow specific procedures during the screening process.

Reasonable suspicion or probable cause: Under California law, you can be detained for further investigation at a DUI checkpoint if the officers have reasonable suspicion or probable cause to believe you are under the influence of alcohol or drugs. This can include indicators such as the odor of alcohol, slurred speech, bloodshot eyes, or other signs of impairment.

It’s important to note that while you can be detained for further investigation based on reasonable suspicion or probable cause, simply passing through a DUI checkpoint does not provide law enforcement officers with sufficient grounds to detain you. The primary purpose of the checkpoint is to screen for impaired drivers, and absent any indications of impairment or other reasonable suspicion, motorists should be allowed to continue without further delay.

When do DUI Checkpoints Usually Occur in Southern California?

DUI checkpoints in Southern California can be set up at various times throughout the year. However, they tend to be more common during certain periods, such as holidays and weekends, when there is a higher likelihood of alcohol-related incidents or impaired driving.

Some of the times when DUI checkpoints are often set up in Southern California include:

Holidays: DUI checkpoints are frequently established during major holidays associated with increased alcohol consumption, such as New Year’s Eve, Fourth of July, Memorial Day, Labor Day, and Thanksgiving. These checkpoints aim to deter and identify impaired drivers during times when festivities and celebrations are more prevalent.

Weekends: Weekends, particularly Friday and Saturday nights, are times when DUI checkpoints are frequently set up. These nights tend to have higher instances of alcohol-related activities, parties, and social gatherings, making them a priority for law enforcement agencies to prevent impaired driving incidents.

Special enforcement campaigns: Law enforcement agencies may conduct DUI checkpoints as part of special enforcement campaigns focused on impaired driving prevention. These campaigns can coincide with specific periods such as “Drive Sober or Get Pulled Over” campaigns or other regional initiatives aimed at raising awareness and deterring impaired driving.

No matter where you are or the cause for celebration, it’s important to be mindful of safety and your rights when you come upon an Orange California DUI checkpoint. Remember, the current DUI checkpoint procedures—the advanced public notice, the inability for law enforcement to detain you without proper suspicion—came to fruition from court cases spanning decades. Regular people who hired experienced DUI attorneys when they saw that something was wrong with the system and saw an opportunity to at least partially fix it.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly!

The Only 3 Effective DUI Field Tests

Police officers use field sobriety tests (“FSTs”) when they stop a driver suspected of being under the influence of drugs and/or alcohol. The three standardized field sobriety tests (“SFSTs”) are considered the most reliable FSTs and the tests recommended by the National Highway Traffic Safety Administration for use by law enforcement agencies. However, police officers also use non-standardized field sobriety tests. Unfortunately, all tests have potential issues that can make the results unreliable.

The Purpose and Types of DUI Field Sobriety Tests

How do police officers use field sobriety tests during DUI investigations in California?

California uses the three standardized field sobriety tests to conduct DUI investigations during traffic stops. The purpose of conducting the tests is to determine whether a driver is impaired. The tests also serve to provide probable cause for a DUI arrest. A police officer must have probable cause to believe the person is intoxicated before making a lawful DUI arrest.

Three tests were chosen as standardized field sobriety tests. Each test has specific instructions and procedures for giving the test to a driver. Any deviation from the procedures could make the test results inaccurate and unreliable. Those three tests are: (1) Horizontal Gaze Nystagmus Test (“HGN”); (2) Walk and Turn Test (“WAT”); and (3) One-Leg Stand Test (“OLS”).

Horizontal Gaze Nystagmus Test (“HGN”)

The Horizontal Gaze Nystagmus Test checks for involuntary “eye jerking” or nystagmus, which occurs when a person looks to the side without turning their head. The severity of the “jerking” increases when a person is intoxicated. An HGN test can also detect when a person has consumed certain prescription medications and illegal drugs.

The police officer performs the test by instructing the person to focus on a stimulus, which is usually a small object, finger, or pen. The officer moves the stimulus horizontally across the person’s line of sight about a foot to 15 inches away. As the driver’s eye follows the object, the police officer watches for signs of increased nystagmus including:

• Inability to follow the object smoothly;
• Distinct jerking at maximum deviation; and
• Substantial eye jerking within a minimum of 45 degrees from the center.

The officer looks for the signs in each eye, checking for six total signs of increased nystagmus.

Walk and Turn Test (“WAT”)

The Walk and Turn Test is the test most people are familiar with due to its depiction in movies and television. During the WAT, a police officer instructs the driver to take nine steps along a straight line, turn around, and then take nine steps back to the starting point. The steps must be heel-to-toe steps.  The officer instructs the driver to count the steps out loud as they take each step. The officer watches for eight indications that the person might be impaired:

• Inability to balance while listening to instructions;
• Making an improper turn;
• Beginning to walk before the officer instructs the person to begin the test;
• Taking the wrong number of steps;
• Stopping to regain balance while walking;
• Stepping out of line;
• Failing to touch the heels to the toes; and
• Using the arms for balancing.

The standardized instructions state that if the person displays at least two of the eight indicators, they fail the walk-and-turn test.

One-Leg Stand Test (“OLS”)

The police officer instructs the person to stand still and lift one foot off the ground about six inches. The officer instructs the person to count by one until the officer tells them to stop while holding their foot off the ground. The standardized instructions state the officer should time the suspect and stop them in 30 seconds. The officer looks for four indicators of impairment:

• Hopping during the test;
• Repeatedly swaying during the test;
• Putting their foot down one or more times; and
• Using the arms to maintain balance.

The standardized instructions state that committing two or more of the four indicators means the person failed the one-leg stand test.

Field Sobriety Tests: Potential Problems and Challenges

Even though the above tests are widely considered reliable indicators of driving under the influence, there are many problems with the tests. Critics cite issues with the accuracy and reliability of test results. They also question environmental factors and the actions of police officers that could result in flawed test results.

What Do the Tests Mean if You Fail?

The police officer should refer to their FSTs training to determine if the person “failed” a field sobriety test. As indicated above, specific instructions in the training materials indicate when a person has “failed” the test.

If the officer decides that you failed one or more of the FSTs, the officer will likely state they have probable cause for a DUI arrest. The officer may then ask the driver to take a preliminary alcohol screening (“PAS”) test, which is generally a field breathalyzer machine. A BAC (“blood alcohol content”) level on the breathalyzer gives the officer additional probable cause to make an arrest for DUI.

After a lawful DUI arrest, California’s implied consent laws require individuals to take a chemical test. The police officer should ask the person whether they want to provide a sample for a breath test or a blood test for chemical testing. Urine tests are only used when blood and breath tests are unavailable.

Field Sobriety Tests: Accuracy, Limitations, and Criticism

There are limits to using field sobriety tests during a DUI stop. There are also questions regarding the accuracy of field sobriety tests. Some of the issues that DUI defense attorneys raise regarding the use of FSTs in DUI cases include:

• The accuracy of field sobriety tests;
• Failing to provide clear and correct instructions;
• Environmental factors;
• Medical conditions;
• Being nervous &/or scared; and
• The subjectivity of SFSTs.

The Accuracy of Field Sobriety Tests

Several studies have been conducted on the accuracy of FSTs in determining whether a driver is impaired by alcohol and/or drugs. The NHTSA Instructor Guide for the tests explains that three studies were conducted between 1995 and 1998. The studies were conducted in San Diego, Florida, and Colorado. Each study resulted in different conclusions regarding the accuracy of FSTs.

The Instructor Manual states that officers should use the San Diego Field Validation Study when testifying in court. That study indicated the following accuracy rates:

• HGN tests were 88% accurate;
• OLS tests were 83% accurate; and
• WAT tests were 79% accurate.

Even though the NHTSA claims that the study results provide clear evidence of the validity of standardized field sobriety tests, California DUI defense lawyers disagree. First, these tests are not 100% accurate. Moreover, other scientific tests have shown that the accuracy of these tests is questionable.

One study used sober individuals to perform standardized FSTs. After watching videos of people taking the tests, police officers believed that a significantly larger number of the people were impaired. Another study concluded that the HGN test has a high baseline error and varied greatly depending on whether the person’s BAC level was rising or falling. In 52 videos of DUI arrests, the study authors concluded the HGN test was incorrectly administered 51 times.

Additionally, other factors make the accuracy and validity of the tests questionable.

Failing to Provide Clear and Correct Instructions

The police officer administering the SFSTs must follow the exact procedures for giving the test to a driver. Deviation from the procedures could result in inaccurate results. However, suppose there is no body camera footage, other video footage, or audio evidence that the officer gave the person clear and correct instructions. In that case, there is no way to know if the officer purposefully or unintentionally caused the person to “fail” the field sobriety test.

Environmental Factors

Numerous environmental factors could invalidate the results of standardized field sobriety tests. For example, the officer should conduct the tests on a level, paved surface. Otherwise, the person may stumble or lose their balance because of the ground, but not because they are impaired by alcohol. Another example is conducting the HGN test with bright lights shining in the person’s eyes from the sun or oncoming traffic. The lights could cause unreliable results.

Medical Conditions

Another problem to consider is the person’s health condition. A person may have a medical condition that prevents them from passing the test even though they are sober. In addition, a person’s age could cause them to perform poorly on a test even though they are perfectly capable of operating the motor vehicle safely. Physical limitations may prevent someone from “passing” the one-leg stand test or the walk-and-turn test.

Some medications could cause a person to exhibit signs of intoxication even though they are sober and not impaired. For example, some medications for seizures can cause increased nystagmus even though the person is sober. In addition, there are dozens of other possible causes of nystagmus, including hypertension, eye strain, glaucoma, and consuming excessive amounts of caffeine.

Being Nervous and Scared

Merely being nervous about being pulled over and scared of being arrested could cause someone to perform poorly on SFSTs.

SFSTs are Subjective

Whether you fail or pass a sobriety test depends upon the officer’s interpretation of your performance during the tests. In other words, one officer might conclude you were intoxicated and arrest you for drunk driving. Another police officer might conclude that you are not impaired and release you without an arrest. A study conducted using police officers, bartenders, and university community members found that the group had less than a 25% accuracy rate when correctly determining how drunk a person was after observing the targets for several minutes. Furthermore, the accuracy of the ratings worsened as the targets’ level of intoxication increased.

If a police officer has some bias against the person, the officer might unethically or unconsciously interpret the results in favor of probable cause and an arrest. For example, a driver was rude and obnoxious when the officer made the initial traffic stop. The person was critical and uncooperative. In that case, the officer might decide that the person is drunk and make the arrest, even though the results of the SFSTs were borderline.

Non-Standard Field Sobriety Tests

Some jurisdictions also use non-standardized field sobriety tests to determine impairment to support probable cause for a DUI arrest. Police officers claim the non-standard FSTs are reliable because they require the person to utilize split focus and dexterity, which is difficult to do if the person is drunk or drugged. However, these non-standardized tests are unreliable and highly subjective. Some non-standard field sobriety tests used by police officers include:

• Romberg Balance Test – Closing the eyes and tipping the head backward while standing with the feet together, estimating when 30 seconds have passed, and then saying “stop” to the officer.
• Finger-to-Nose Test – Closing the eyes and touching a finger to the tip of the nose.
• ABC Test – Reciting the alphabet forwards or backward.
• Finger-Tap Test – Tap a finger to your thumb as fast as possible with an opening between taps as wide as possible.
• Numbers Backward Test – Counting backward.
• Stand and Gaze Test – Standing and leaning so that the person gazes at the sky while holding their arms to their sides.
• Hand Pat Test – Extend an arm out with the palm facing up and out. Place the other hand on top of the raised palm facing down. Rotate the hands 180 degrees to pat the bottom hand with the back of the other hand before rotating and doing it again while counting “one” and “two” each time.

The NHTSA does not recognize these tests as reliable indicators of whether a person is impaired by alcohol and/or drugs. A skilled California DUI defense attorney will challenge these test results in court. Challenging non-standard field sobriety tests is easier because they are not widely accepted as accurate indicators of intoxication or impairment.

Field Sobriety Test Refusals – Drivers Aren’t Required to Participate in Field Sobriety Tests

No California law punishes a person for refusing to take a field sobriety test. However, a police officer will not tell you this detail. Instead, the officer will only ask you to perform the tests without indicating that you may refuse the test without punishment. Understanding your right to refuse to take a field sobriety test is essential because sober people can fail the tests.

However, there is a difference between field sobriety tests and chemical tests for BAC levels. California’s implied consent laws require drivers to submit to a chemical test of their blood or breath after a lawful DUI arrest. Refusing a chemical test after a DUI arrest results in an administrative driver’s license suspension by the California Department of Motor Vehicles (“DMV”). Your driving privileges are suspended for one year for a first-time refusal of a chemical test. A second refusal within ten years results in a two-year revocation of your driver’s license.

However, if you are under 21 years old or on probation, refusing a chemical test after a DUI arrest of a preliminary alcohol screening (“PAS”) test after being detained results in a one-year driver’s license suspension for the first refusal and two-year revocation for a second refusal within ten years.

California Vehicle Code §23612 states that an officer must advise you that refusing the chemical test could result in a suspension of your driving privileges. Your California DUI attorney might be able to successfully argue against the DMV administrative license suspension if the officer failed to provide the required advisements.

How Field Sobriety Test Results Are Used in Court & Challenging FSTs Results in California

The prosecution uses the results from field sobriety tests in court in several ways. First, the prosecutor may use the FSTs to support the finding that the police officer had probable cause to arrest you for driving under the influence.

If you are charged with driving under the influence, the prosecutor uses field sobriety tests to support the allegation that you were too impaired to drive. This situation often occurs when the driver refuses to take a chemical test. The state does not have evidence of the BAC level at the time of the arrest. Therefore, it must prove that your ability to operate the vehicle was impaired.

When you are charged with DUI per se, the state has BAC test results showing that you were driving with a BAC over the legal limit. Generally, the BAC test results are sufficient to prove the state’s case if there is no valid DUI defense to convince the jury you were not drunk or under the influence of drugs. However, a prosecutor might use the FSTs results as additional evidence you were drinking and driving.

A skilled California DUI lawyer challenges the results of standardized FSTs in court. The attorney might challenge the results in one of several ways including:

• Challenging the reliability of the tests based on data showing a considerable margin for error. The attorney might hire an expert witness to provide testimony regarding the accuracy of the test.
• Providing evidence that the law enforcement officer failed to administer the standard FSTs according to the procedures in the NHTSA manual.
• Offering evidence proving that the test results were negatively impacted by a medical condition, legal prescription medications, or environmental factors.
• Your clothing, lack of sleep, muscle fatigue, advanced age, injuries, weight, or other extraneous conditions caused poor performance on the FSTs.
• The officer administered non-standardized field sobriety tests.

There could be other challenges and DUI defenses in your case. Schedule a free consultation to talk with a DUI lawyer about potential defenses to drunk driving charges.

Talk to a California DUI Defense Attorney

Fighting DUI charges begins with hiring an experienced DUI defense attorney. Contact a criminal defense lawyer for a free consultation to discuss your case. Most attorneys offer a free consultation so that you can get answers to your questions about DUI defense and your legal rights to make an informed decision about how you want to proceed with your DUI case.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic or want to learn more about DUIs in California? Check out our blog, which is updated regularly!

Sources:

https://www.ojp.gov/ncjrs/virtual-library/abstracts/standardized-field-sobriety-testing

https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf

https://pubmed.ncbi.nlm.nih.gov/7991338/

https://pubmed.ncbi.nlm.nih.gov/11393940/

https://psycnet.apa.org/record/1984-12497-001

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23612