Sobriety Checkpoints

There are many people who oppose these sobriety checkpoints and believe that they are a violation of the Fourth Amendment to the United States Constitution - especially civil libertarians who think that the government is using its power to keep control over its citizens.

On the other side of the coin there are people who feel that DUI roadblocks are essential to decrease drunk driving accidents. They believe that checkpoints have been used in the past and have been effective, so these checkpoints should be considered an exception to the law. The U.S. Supreme Court has given permission for these roadblocks to be used as long as police are lawful and don't abuse their authority. However, there are still eleven states that have banned checkpoints because they violate their own state constitutions.

Sobriety checkpoints aren't necessarily the overall solution to the problem of drunk driving, so it's important to consider other alternative solutions.

Field sobriety tests are a series of physical tests that police officers conduct if they suspect a driver of being intoxicated. These tests include several exercises to determine a person's coordination, balance, and divided attention:

1. The Walk and Turn Test: This is a test whereby the driver has to walk nine steps heel-to-toe in a straight line, turn around, and walk nine steps back. The officer observes the DUI suspect from three or four feet away. The officer also has to remain motionless while the suspect performs the test. If the police officer is too close to the driver, or is causing excessive motion, the police officer's actions may cause the DUI suspect to make errors they may not have otherwise committed.

2. The One Leg Stand Test: A test in which the driver must stand on one leg, count to 30 while keeping his hands down at his sides. Because of safety reasons, this type of test has to be performed on a hard, dry, non-slippery surface and should not be given to drivers who are more than sixty-five years of age, fifty pounds overweight, or people who have physical impairments that interfere with balance and coordination.

3. The Horizontal Gaze Nystagmus Test: This is a test where the officer holds a pen or similar object in front of the subject's eyes to determine whether she can follow it.

For many years people have debated on the reliability and accuracy of breath tests when determining the blood alcohol level of a drunk driver. Breath analyzing machines have been used by law enforcement to determine if someone is drunk and the results of the breath test is combined with other field sobriety tests to come up with evidence to present to the court. However, time and time again drunk driving defense attorneys have shown that these breath test devices can mistake other compounds for ethanol, or ethyl alcohol, the compound that is in alcoholic drinks.

There have been many DUI cases in the past where an alleged drunk driver's B.A.C. (blood alcohol content) was found to be above the legal limit but in actuality the driver had not been drunk, or even drinking for that matter. What researchers have discovered is that many breath test devices can only find only a small amount of the ethyl alcohol in a person's system. The breath test device then assumes that the methyl group is related to the ethyl alcohol compound.

Did you know that there are at least 100 compounds in a person's body that could cause a false reading on a breath test device?

The challenge that the prosecution is faced with is proving without a doubt that there was indeed the ethyl alcohol compound in the body when the breath test was administered. This evidence must be shown to the court in order for a drunk driver offender to be convicted. A simple breath analysis is not evidence enough for the jury to convict someone of drunk driving.

Numerous studies have been done to compare breath tests and blood tests. One study at the Wisconsin State Laboratory of Hygiene revealed that a mere 33% of breath test results matched the corresponding blood tests. What is interesting to note is that in 11 of the cases, the subject was found to be drunk using a breath test, but in the blood test it showed that they were not drunk.

We have to keep in mind that breath testing devices are only as reliable as the people who have developed them. These devices are still in the baby stages of development and it may be some time before they can be truly reliable.

April is known as the Alcohol Awareness Month. The focus of this celebration this year is the effects of alcohol abuse on driving. Since most of the road accidents are caused by drunk driving, take time to learn some tips on how to avoid DUI arrests and yet have a blast drinking:

Ask your spouse to accompany you if you are planning to drink at a bar or go to a party. He or she has to stay sober in order to drive you home after you've had your drinking spree. You can also make this kind of arrangement with a friend, just make sure you're willing to trade favors next time.

Drink lots of water at least two hours before leaving. This will help you sober up as your liver gets rid of poison.

Never take a risk. Rent a taxi or a van if you have the slightest hint of nearing the .08 alcohol limit. If you're with a group, why not ask all of them to chip in so that all of you can get out of harm's way? This works best if you plan ahead days before the party.

Get DUI help in Orange County.

Maria Palma is a freelance writer committed to helping people with their San Diego DUI. Make sure to hire a professional, dedicated, and experienced San Diego DUI lawyer.