DUI Blogger

A Santa Barbara Superior Court Judge is being asked to rule that California DUI checkpoints are being illegally operated. The arguments will be heard next Wednesday. If the Judge determines that this is the case, it will not only change how California DUI checkpoints are operated in the future (if at all), but will likely result in a number of DUI convictions being overturned where the arrests were made at these sobriety roadblocks.

In 1990 the U.S. Supreme Court ruled that DUI checkpoints are legal, as long as the officers overseeing the checkpoints follow a variety of very specific procedures.

The current Santa Barbara case is based on the argument that officers are not following these procedures and that…as a result…the checkpoints that were previously conducted that were not in accordance with these rules were illegal. The case also says that any checkpoints going forward must be in strict compliance, otherwise they will be deemed illegal as well.

Here are the latest published California DUI checkpoints for the weekend of February 25th – 27th. Important to note is the fact the officers conducting California DUI checkpoints are not only looking for intoxicated drivers but for unlicensed drivers as well.

Friday, February 25th
The Chino Hills Police Department is operating a DUI checkpoint at an undisclosed location in the city of Chino Hills between the hours of 8:00pm and 2:00am.

The Santa Barbara Police Department will be conducting a drunk driving / license checkpoint at an undisclosed location within the city of Santa Barbara from 6:00pm until 2:00am. They will run another one on Sunday night within the same hours.

Saturday, February 26th
In a multi-agency effort, the U.S. Park Police will join with the San Francisco Police to conduct a sobriety / driver’s license checkpoint from 8:30pm until 1:00am at the intersection of Geary Blvd. and 9th Ave. in the city of San Francisco.

The Concord Police will be operating a DUI / license checkpoint at an undisclosed location within the city limits between the hours of 7:30pm and 3:30am.

The Oxnard Police Department will be setting up sobriety and license checkpoints at undisclosed locations throughout the city from 6:00pm until 2:00am.

*Despite the fact that most of these checkpoints are being held at undisclosed locations, you can typically call the local law enforcement agency a couple of hours before the start time to find out more exact details about the checkpoint’s location.

And don’t be fooled into thinking that just because you are arrested at a California DUI checkpoint means that you are automatically guilty. Checkpoint arrests…like any other DUI arrests…are definitely defensible. It just takes a skilled California drunk driving defense attorney who can pinpoint the problems with the case and present them to the prosecutor/judge/jury in a persuasive manner.

There are a number of popular legal defenses to fight California DUI charges. Some of these are used so routinely that it is almost as if they are argued without regard to the specific facts of one’s case. Yet a skilled California DUI attorney would be performing his/her client a disservice if he/she didn’t at least address these issues, since they are, in fact, legitimate claims. Examples of these defenses include (but are not limited to): (1) field sobriety tests (“FSTs”) are unreliable and don’t accurately measure impairment, (2) breath testing instruments are prone to error, and (3) there are innocent explanations that can explain the physical symptoms of DUI.

However, there are a wide variety of legal defenses to a DUI charge that are not so common but that…depending on the circumstances of the arrest…can be quite effective. Some of these include (1) the fact that being on a low-carb/high-protein diet can produce a false high blood alcohol result, (2) that medical conditions such as GERD, acid-reflux and hypoglycemia can contaminate breath test results, and (3) radio frequency interference (“RFI”) can interfere with accurate breath test results.

It’s because of these types of less well-known DUI defenses that it becomes essential to consult with an experienced California DUI defense attorney immediately following a drunk driving arrest. Only this type of skilled lawyer will be well-versed in these defenses…defenses that could ultimately lead to your acquittal.

Let’s say that the cops pull you over and see that you have a half-smoked joint on the floor board of your car. They assume you’ve been smoking and conduct an investigation to see if you’ve been driving under the influence of marijuana. Even if they conclude that you were not, they will probably still cite you for violating California’s possession of marijuana law. This, however, is not the appropriate charge.

Possession of marijuana is a separate offense from driving while in possession of marijuana. Both are infractions, punishable by a maximum $100 fine. However, possession of marijuana is an offense that qualifies for drug diversion, driving while in possession of marijuana is not. And if you are convicted of driving under the influence of marijuana and possession of marijuana, the DUI charge will disqualify you from participating in drug diversion as well.

So depending on the circumstances…and on your criminal history…you and your California marijuana defense attorney may try to negotiate a plea to the driving possession charge which will simply go down on your record as an infraction. Otherwise, it may make sense to try to get the simple possession charge so that you can participate in diversion and ultimately have the charge dismissed. And if you are also arrested for the DUI…and can fight that charge, leaving only the possession charge…you and your attorney will have to decide which charge will benefit you more and then try to negotiate a plea bargain for the desired charge (unless, of course, it is the charge that was already filed against you).

If this sounds confusing…and even if it doesn’t…make sure you consult with a California marijuana defense attorney before going to court to discuss these and any other options.

Proposition 36 (“Prop. 36”) is a California drug diversion program. It allows nonviolent drug offenders the opportunity to participate in drug rehabilitation instead of being incarcerated. The biggest benefit of Prop. 36 is that once you have successfully completed the program, your drug charges are dismissed. The goal of Prop. 36 is to help drug addicts recover from their addiction.

So it would therefore seem logical that driving under the influence of drugs…a nonviolent drug offense…would allow a defendant to participate in this program. However, that isn’t the case. California courts have held that driving under the influence of drugs is an offense that necessarily puts others at risk and is therefore more like a drug “sales” offense which goes beyond simply being under the influence of drugs.

If you are convicted of driving under the influence of drugs, you may want to see if your California DUI defense attorney can negotiate a plea for being under the influence of drugs rather than driving under the influence of drugs so that Proposition 36 becomes an option.