It has been more than 20 years since the U.S. Supreme Court announced that state-run sobriety checkpoints are constitutional. The state of California's sobriety-checkpoint program, supported by federal funding, has grown to include the participation of more than 100 law-enforcement authorities, each of which runs its own checkpoints.
At a sobriety checkpoint police monitor every passing vehicle's driver for intoxication.
The irony of California's roadblock system is that it has become much more common way for police to impound vehicles of unlicensed drivers for 30 days than for officers to issue drunk-driving infractions. Therefore, critics claim that the checkpoints target Hispanic communities disproportionately because of illegal workers are unable to get valid drivers licenses.
In addition, the towing and storage fees are exorbitant and often exceed the value of the vehicles. Local government coffers have grown along with the profits of private towing companies.
On January 1, 2012, a new state law will take effect that will reverse these practices by forbidding police to impound a vehicle at a sobriety checkpoint when the only infraction is that its driver is not properly licensed. Law enforcement can still issue citations for the license infractions, but the vehicles' registered owners or licensed drivers representing them will be allowed to pick up the cars instead.
There will still be fees associated with the administrative holding of the cars, but they will be significantly less than the month-long impoundment would have cost.
Critics of the new law cite safety concerns because the unlicensed drivers in question will likely be driving again soon. Also, public costs may increase because police will have to keep tabs on the cars in question until licensed drivers arrive to claim them.
So for this holiday season, impoundment of cars driven by unlicensed drivers and stopped at checkpoints is still possible, but in the new year, the negative consequences will lighten considerably. If you have trouble at a California checkpoint because of a licensing problem or being suspected of drunk driving, contact a skilled criminal defense attorney immediately to protect your rights.
