DUI Patrols are increasing
The Orange County Sheriff’s Department has announced their annual increase in the number of officers on the street for their “DUI saturation” patrols. They are calling this crackdown a “zero tolerance” approach. That’s nice, but they’ve still got to follow the rules. You also have your rights.
They have said that they will be sending extra patrol deputies to the cities of San Clemente, Dana Point and San Juan Capistrano this weekend. They say they are targeting areas that have had high frequencies of DUI collisions and/or arrests in the past.
Just calling it a “crackdown” doesn’t mean they can just stop everybody and check to see if they’ve been drinking. They must still have reasonable suspicion of some sort of violation before they can stop and detain you. They need to be able to at least have some sort of violation, not just a hunch because it’s 2:00 in the morning and they think anybody out at that hour must have been drinking.
Keep your rights in mind
I’ve written articles about your rights during a DUI stop. They won’t give you your Miranda warnings, so anything you say can only hurt you. Unless you are under 21 or are on probation for a DUI, you do not have to submit to the handheld breathalyzer they’ll want you to do. The field sobriety tests (FSTs) are also not mandatory.
Should you find yourself arrested for DUI, give me a call so we can discuss your case. You may have legal or factual defenses available. Don’t wait – you only have 10 days from the date of your arrest for me to contact the DMV and schedule a hearing or they will automatically suspend your driver’s license for four months.