The Orange County Sheriff’s Department has announced they will be conducting extra “roving” DUI patrols in the cities of Aliso Viejo, Laguna Hills, Laguna Niguel and Laguna Woods on Friday, August 28, 2009. While they did not disclose how many extra patrol units will be out that night, you can bet the area will be saturated with officers.
These “extra patrols” are different from traditional DUI checkpoints. Checkpoints require specific procedures to be filed in order to be legal. In an extra “roving” patrol enforcement action, they simply put extra officers or deputies on the streets and give them the blanket assignment of “finding” DUI drivers.
The don’t get to bend the rules, however. They still must be able to justify any car stop they make based on legal principles. They can’t just randomly pull people over under the premise of conducting a “DUI check.” For more, see the information at this link, which discusses DUI and Miranda rights as well as field sobriety tests.
Obviously, the best way to avoid a DUI is to choose a sober driver. If you do find yourself stopped, remember that field sobriety tests are completely voluntary. The only thing you have to comply with is the official chemical test for your blood alcohol level if you are arrested. If you’re arrested, you must contest the DMV suspension of your license within 10 days of your arrest.
For more information or to discuss your case if you do get arrested, give me a call.