Fourth of July is one of those holidays that people look forward to during
the year. Many of us spend the day outdoors with family and friends, enjoying
the party and watching fireworks after dark. Is there any better way to
celebrate our nation’s independence? During this time of celebration,
make sure that the atmosphere is not ruined with a
DUI arrest. Across America, and especially in California, law enforcement beefs up
their patrols and finds any reason to stop drivers on suspicion of drunk
driving. Stay safe! Know of San Diego
DUI checkpoints, your rights at these checkpoints, and what to do if you are stopped by
police this Fourth of July.
Fourth of July DUI Checkpoints in San Diego
According to the San Diego County Sheriff’s Department, police officers
will be out in San Diego County the entire weekend to make sure intoxicated
drivers stay off the road. They state:
“Watch for increased DUI patrols by deputies across the county beginning
Friday, July 3 through Sunday, July 5. Deputies will also be holding DUI
checkpoints in Santee and Encinitas on Friday, July 3.”
Last year, police officers arrested 19 people for drunk driving in San
Diego. Don’t let yourself be next! Remember that driving with a
blood alcohol content higher than .08% is punishable under the law. If you have consumed alcohol,
use the services of a sober driver, whether a designated driver, public
transportation, or a ridesharing service.
What are my rights at a DUI checkpoint?
If you find yourself at a DUI checkpoint this weekend, you have
rights. There has been significant discussion concerning the
legality of DUI checkpoints. By law, police need to establish probable cause to stop you for a violation
(such as speeding, running a light, etc.) but at checkpoints, drivers
are chosen at random without any reason to make a stop.
Therefore, at a DUI checkpoint:
- You are legally required to provide your license and registration to the
officers. You do not have to answer any questions that they ask of you.
Invoke your Fifth Amendment right to silence.
- If law enforcement asks you to step out of the vehicle, comply. Failure
to comply can be construed as resisting arrest, giving them reason to
place you in cuffs. Stand up straight.
Politely decline to take any
field sobriety tests. Like speaking with police, this is not legally required and can provide
evidence into making an arrest. The less information you provide, the better.
- Arrested? Contact a lawyer before saying or doing anything. An experienced
attorney can ensure that your rights are protected during this time. Thankfully,
we're here to help.
If you are arrested this Fourth of July weekend for DUI, you do not need
to navigate the process on your own!
Attorney Mark R. De Yoe, a San Diego drunk driving lawyer, has over 30 years of experience fighting
for the rights of the accused, and can help. Give our office
a call to get started!