Friday, July 24, 2009

Urgent: How to handle a DUI cop or checkpoint in California / Current List of weekend drunk driving checkpoints in California

As part of California's DUI enforcement, many more cops are out looking for drunk drivers and asking questions folks do NOT have to answer, and asking folks to do things they don't have to do.

If stopped by a California DUI officer or a California roadblock official contacts you upon being trapped in a California checkpoint (or asks you to go to secondary for a California DUI assessment), politely roll down your window and perhaps put your hands on the steering wheel.

If a California DUI officer asks you if you for anything other than (1) License, (2) Registration, and (3) Insurance, remember you don't have to answer. Just give them the three items and politely wait.

Do not make any statements to the California DUI cop.

The million dollar question the San Diego DUI officer is likely to ask is, "Have you had anything to drink tonight?"

Remember you are not required to speak to checkpoint / drunk driving officers. Be brave and hold your ground.

California Checkpoint cops are trying to collect DUI evidence against you. Please do not give the officer anything other than license, registration and insurance.

"Officer, I understand and respect what you do for a living, but I do not want to answer any of your questions." You do NOT have to answer anything. If the cop insists, give him the name of a California DUI attorney like Rick Mueller and his phone number: 1 800 THE LAW DUI. You know your rights.

The less DUI evidence the cops get, the better for you. If you have alcohol on your breath, you will get arrested anyway. But do not give the San Diego DUI checkpoint officer anything to put in that report that she or he can use against you later.

The California DUI officer may ask you to perform some acrobatics or gymnastics aka field sobriety tests. Please remember to let him or her know that you do not wish to participate in any tests. You are not required to comply. San Diego California DUI officers try to give some tests to try to figure out if you are impaired (but mostly just to collect evidence and point out the things you allegedly did wrong).

Many drunk driving cops learn how to do these tests, and thereafter forget them, often making up their own series of "tests." Please do not do them. Polite hold the course and continue to say that you do not wish to perform and tests. You have that right.

The California DUI cop may ask you to blow into a hand-held, breath test gadget. Unless you are on DUI probation, please do not blow in the little box.

Hand-held breath test gadgets are unreliable, and often "display" falsely elevated numbers which are higher than your true BAC. Do not blow in the little box.

NO ROADSIDE/PRELIMINARY BREATH TEST IS "ALCOHOL SPECIFIC." Other junk (soy sauce, white bread, etc.) falsely tests positive as "alcohol."

Under the California Vehicle Code, unless you are on probation or under 21, you are NOT required to blow into the little hand held machine; you are entitled to refuse the little breath test.

But you must provide breath on a big breath test machine per California's implied consent laws; say you do NOT want to give blood. That's it. Nothing more. Politely.

For more information on how to avoid a California DUI, visit How to Avoid a DUI on the internet.

List of this weekend's California DUI & drunk driving checkpoints:

Petaluma Police Department will be conducting two DUI and driver's license checkpoints Friday night. The locations of the checkpoints will not be disclosed to the public.

Vallejo police will conduct a DUI/drivers license checkpoint 6 to 11 p.m. today at an undisclosed location.

Coachella Police Department will be conducting a DUI/Drivers License checkpoint on Saturday, 7/25/09, between the hours of 7:00 P.M. to 2:00 A.M. Of course, no location is disclosed.

San Jose Police Department will be conducting a DUI/Drivers License checkpoint on Friday, July 24, 2009 from 9:00 p.m. to 3:00 a.m., at an undisclosed location in San Jose.

You have the right to avoid these checkpoints as long as don't do anything illegal in doing so. Please be careful.