Mechanics of a Driver’s License / DUI Check Point

This note addresses mechanics of a DUI / Drivers License Checkpoint, some of the law violations looked for, and an example of reporting a drunk driver. This note does not serve as legal advice, and you must always properly follow California Law, the lawful instructions of a Police Officer, and the appropriate court system. 

THOUSAND OAKS POLICE DEPARTMENT PRESS RELEASE 

The following is a press release from the Thousand Oaks Police Department regarding the use of DUI / Drivers License checkpoints when they announce there will be a checkpoint at an undisclosed location on a certain date:

“The deterrent effect of DUI checkpoints is a proven resource in reducing the number of persons killed and injured in alcohol or drug involved crashes. Research shows that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized DUI checkpoints and proactive DUI patrols are conducted routinely.

In California, this deadly crime led to 802 deaths in 2012 because someone failed to designate a sober driver. Nationally, the latest data shows nearly 10,000 people were killed by an impaired driver. “Over the course of the past three years, DUI collisions have claimed 6 lives and resulted in 134 injury crashes harming 139 of our friends and neighbors,” said Sergeant Brad Clifton.

Officers will be looking for signs of alcohol and/or drug impairment and checking drivers for proper licensing delaying motorists only momentarily. When possible, specially trained officers will be available to evaluate those suspected of drug-impaired driving. Recent statistics reveal that 30 percent of drivers in fatal crashes had one or more drugs in their systems. A study of active drivers showed more tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol.

According to the National Highway Traffic Safety Administration (NHTSA), checkpoints have provided the most effective documented results of any of the DUI enforcement strategies, while also yielding considerable cost savings of $6 for every $1 spent. Nearly 90 percent of California drivers approve of DUI checkpoints.

DUI checkpoints are placed in locations based on collision statistics and frequency of DUI arrests affording the greatest opportunity for achieving drunk and drugged driving deterrence. Locations are chosen with safety considerations for the officers and the public.

Drivers caught driving impaired can expect the impact of a DUI arrest to include jail time, fines, fees, DUI classes, other expenses that can exceed $10,000 not to mention the embarrassment when friends and family find out.

Funding for this checkpoint is provided to Thousand Oaks Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, reminding everyone to ‘Report Drunk Driver – Call 9-1-1’.” 

CHECKPOINT ENFORCED LAW VIOLATIONS 

The following are some of the laws looked for and enforced in the course of screening passing drivers with a DUI/Drivers License Checkpoint: 

Driving Under Influence of Alcohol or Drugs, (23152 VC)  

23152 (a) and (b) of the Vehicle Code state the following:

(a) “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.”

(b) ”It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

Violators can face being arrested, going to jail, having their license suspended, having their vehicle towed, paying thousands in fees and fines, taking DUI classes and being on probation for years. Careers and personal lives can also be affected. 

Unlawful to Drive Unless Licensed, (12500 VC) 

12500 (a) of the Vehicle Code states the following:

(a) “A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.”

Violators are subject to arrest and having their vehicle towed. Police may release the vehicle to a licensed passenger or to a licensed family member. 

Driving When Privilege Suspended or Revoked, (14601 VC) 

14601 of the Vehicle Code states the following:

“No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of…” (text continues on).

Violators are subject to arrest and having their vehicle towed. Police may release the vehicle to a licensed passenger or to a licensed family member. 

Use of a Vehicle by an Unlicensed Driver Owner’s Duty, (14604 VC) 

Owners of a vehicle should also be aware of 14604 (a) of the Vehicle Code which states the following:

(a) “No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that the person possesses a valid driver’s license that authorizes the person to operate the vehicle. For the purposes of this section, an owner is required only to make a reasonable effort or inquiry to determine whether the prospective driver possesses a valid driver’s license before allowing him or her to operate the owner’s vehicle. An owner is not required to inquire of the department whether the prospective driver possesses a valid driver’s license.” 

REPORTING A DRUNK DRIVER: 

During the course of conducting my job as a Field Manager for a local security company, I was driving in the Ventura County area on the 101 Freeway. My patrol officer was in the vehicle with me. As we were driving, we came up within view of a vehicle that was swerving badly. It was late at night and there was minimal traffic on the freeway. We stayed a safe distance behind the vehicle and observed its habits. Sometimes drivers get momentarily distracted and make a mistake. As we watched the vehicle, it continued to swerve to the point where it was using a combination of the middle and slow lane. We decided that the Police should be called. My patrol driver called 911, which usually goes directly to CHP when calling from the freeway, and gave location, direction of travel, and vehicle information. He stayed on the line with the dispatcher while I continued to follow at a safe distance. My patrol driver gave a play by play to the dispatcher of exits passed, approaching exits, speed, and lanes the vehicle was driving while waiting for CHP to rendezvous. We passed a CHP unit sitting on the freeway, informed the dispatcher, and confirmed that we were the ones passing the unit. The CHP unit came up behind the vehicle, observed their habits, and initiated a traffic stop. The dispatcher informed us that we should keep driving. The driver was arrested for Driving Under the Influence, and for Operating a Vehicle Without a License. 

CONCLUSION 

People should operate a vehicle in accordance with the law at all times. In the case of driving under the influence, do not take a chance. A driver under the influence endangers not only themselves and any passengers, but also pedestrians, and all the other drivers and passengers out on the road. Use a sober licensed driver, arrange a pick up or drop off, use a cab, etc. Do not risk your future or someone else’s future.

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This post was written by safetyfadmin