DUI, license checkpoint set for Friday

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Thursday, August 20, 2009

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By ALISHA WYMAN
Register Staff Writer

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10:30 a.m.Napa Police are conducting a checkpoint Friday, looking for drivers under the influence of drugs or alcohol and those without licenses.

Officers will be in an undisclosed area where the city has seen a high number of drunk-driving related crashes. It is performing the checkpoint with grant funding from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

The checkpoint is geared to educate the public on the dangers of impaired driving, remove drivers from the road and arrest those found driving under the influence, according to the department.

The department is partnering with the Napa County DUI Task Force in its attempt to prevent drunk driving. Their efforts include education, enforcement and policy change. Checkpoints have been proven to lower drunk driving-related death and injury rate when performed regularly, police said.

Task force and police officials warn that people can’t “feel” their blood alcohol level. A person’s weight, the food the system, medications, age, emotional state, type of beverage consumed and other factors play into a person’s blood alcohol level.

Those under the legal limit of .08 can be arrested for alcohol-related driving offenses.

The task force is also encouraging businesses serving alcohol to monitor the serving size, timeframe between drinks and be aware of other signs of intoxication among their customers.

36 comment(s)

post-it wrote on Aug 20, 2009 11:22 AM:

" Show me your papers please.....

Could the register go to this event, and count how many cars are checked and how many offenders are found. I find this policy to be an abrogation of my 4th amendment rights. I suspect there will be less than 1% found to be intoxicated.

The public would be better served if the police watched people leaving parking lots of drinking establishments. At least then they would have some probable cause to pull them over for suspicion of DUI. "

savenapa wrote on Aug 20, 2009 11:56 AM:

" How can those UNDER the legal limit be arrested for alcohol related driving offenses?

If you are under the limit then the driving offense is not alchohol related.

Am I missing something? Is there a new Obamalaw in force? "

old_napan52 wrote on Aug 20, 2009 12:13 PM:

" You may be arrested under the legal limit under vehicle code 23152(a)...driving under the influence if the officer feels you may be a threat. If you are in a fender bender and register anything on a breathalyzer device, you most likely will be arrested. Close the bars and liquor stores, outlaw liquor and install lock out devices on everyone's vehicle. That should do it. "

Howdy! wrote on Aug 20, 2009 12:34 PM:

" "Those under the legal limit of .08 can be arrested for alcohol-related driving offenses." (This is in/was the second to last paragraph incase the NVR edits it out)

Hey, that's pretty funny! I guess the city is trying to drum up a whole lot more revenue. Or, maybe they are encouraging people to go out and have a little fun.

I can just see it now, "Sorry sir, but I'm going to have to arrest you for not driving under the influence. Either shotgun this beer, or go to jail."

Seriously though, don't drink and drive. That's just a silly idea! "

sickonapkins wrote on Aug 20, 2009 12:44 PM:

" savenapa there is no new Obamalaw in effect. There is the conventional DUI and there is also a DWI (driving while impaired) and I am pretty sure you can get a DWI even under the legal limit but don't quote me on that. That's just my understanding. "

nweaver wrote on Aug 20, 2009 1:01 PM:

" a: The supreme court has determined these checkpoints are legal, mostly because they have to have signs up before you reach the checkpoint which allows you to effectively go around.

b: EG, open container laws, you don't have to be DUI to be violating the law if you have an open can of beer. "

napagrl1960 wrote on Aug 20, 2009 1:19 PM:

" post-it: Waiting for someone to leave the parking lot of a drinking establishment is considered profiling and in itself is illegal and beside not everyone that leaves one has been drinking, such as the DD. I myself have been pulled over for just that reason, after being followed half way across town. I was told I ran a stop sign - ha!!! When he pulled me over, he thought I had been drinking, I had not been. I called and filed a written complaint with his srgt. No I didn't get a ticket for the stop sign either. I saw him while approaching it and made sure to make a complete stop and told him so.

I do agree with you though, I would love to know what percentages of these stops produce DUI arrests vs the lack of DL's, etc "

random name here wrote on Aug 20, 2009 1:28 PM:

" post-it:

I asked a CHP officer once why they didn't just sit nearby and wait for patrons of bars and such to leave.

He said that it was illegal for them to do that. He also said that if the owner of the bar was aware of police observation of his business that they could file (and win) a harassment lawsuit.

The officer also said that employees who serve alcohol have a responsibility to stop serving alcohol to someone that they know is going to drive if that person is obviously too impaired to safely operate a vehicle.

Yes, in an ideal world... "

post-it wrote on Aug 20, 2009 1:54 PM:

" Want to bet that if you come up to a sobriety checkpoint and turn around that you will be promptly followed and pulled over.

I was caught up in one on Soscol by Target a while back, there was warning of course, but not in any place where one could reasonably find an alternate route. "

krusty wrote on Aug 20, 2009 2:05 PM:

" It's obvious a few of you have never been through one of these checkpoints before. I've been through a few, and while it is an inconvienence, it's not as bad as one might assume. If you don't act suspicious, don't smell like alcohol, and don't give the cops a hard time, you'll be quickly on your way. Their focusing on finding people under the influence or driving without a license, not looking for any reason to harrass a law abiding citizen. "

ambonizay wrote on Aug 20, 2009 3:03 PM:

" ....how dry I am....hicup "

lovingnapa wrote on Aug 20, 2009 3:56 PM:

" im excited. its too bad that they dont say where it is. i like to see the looks on the cops faces when they see me pull up. soo racist but dont got anything to hide.. :) too bad for them one less mexican.. oh and i dont drink "

mck wrote on Aug 20, 2009 4:19 PM:

" I've seen how they do it: A few motorcycle cops sit a couple hundred feet ahead of the checkpoint and watch for people that turn around. They get pulled over for illegal u-turn. This happened over and over as I watched it happen on Jefferson Street in front of my work. I also saw about a dozen people go off to jail and their cars get towed away in one night. The officer I asked said it was drivers without licenses for the most part. Good business for towing companies. "

Larrysbird wrote on Aug 20, 2009 5:04 PM:

" Lovingnapa-What are you talking about? "

John Richards wrote on Aug 20, 2009 9:24 PM:

" "motorcycle cops sit a couple hundred feet ahead of the checkpoint and watch for people that turn around."

So in essence the cops are violating the protocol the Supreme Court gave them so the cops could also violate the Fourth Amendment. Nice, makes you feel real good about law enforcement... "

dsty20 wrote on Aug 20, 2009 10:02 PM:

" These checkpoints are nothing but revenue for our local law enforcement. The police department and sheriffs get at least 60% of the total costs of the tow. Thats why they love it. "

reason-ator wrote on Aug 20, 2009 10:05 PM:

" A story I heard:
Years ago, an interchange was built on a Interstate freeway out in the countryside to accomodate a large development that was eventually cancelled. So the Interstate had an overpass with exits to nowhere.

So about a mile away from this overpass, the police posted a sign on the Interstate saying something like "Checkpoint for Illegal Guns 5 Miles Ahead". And they sat on the road to nowhere and waited for people who were afraid their cars were going to be searched down the road to take this exit in an attempt to turn around and avoid the fictional checkpoint further down the road.

I don't know if this was legal, or even true. I just thought it was funny. "

Mr. Feasor wrote on Aug 21, 2009 12:03 AM:

" When you get your license, you consent to these types of checkpoints, and BAC testing. The next time you renew your license, read the back of the form.

Driving is a privilege, and not a right. While there is a reasonable expectation of privacy to your personal vehicle, that does not include this type of checkpoint. It's legal...like it or not.

Just stay and drink all you want at home (which is considered the ultimate domain of 4th amendment protection). "

wonkagirl wrote on Aug 21, 2009 12:52 AM:

" OFFICER says: "Good Evening. Have you been drinking tonight?"

DRIVER says: "No. Why? Are you buying?"

What I don't understand is don't they have their check-points Sunday thru Sunday along Hwy 29 and Silverado Trail when all those tourist are leaving WINERIES after taste-testing?
That would give them their revenue. And driving without a license? My favorite is when a COP lets off one of his personal friends with "Just a Warning". NICE.... "

NapaWine wrote on Aug 21, 2009 2:11 AM:

" keeping people off the road when they have been drinking is a good thing. Keeping people off the road who do not have a valid CDL is also a good thing. I agree with Krusty, if you are not drunk and have a valid CDL then none to worry! "

sleigh wrote on Aug 21, 2009 6:39 AM:

" Sweet! Go NVPD...There are people who appreciate what your doing, but there seem to be little community support here :( Boo! "

grmp29 wrote on Aug 21, 2009 9:02 AM:

" " How can those UNDER the legal limit be arrested for alcohol related driving offenses?

Wet Reckless charge! "

Lexme2 wrote on Aug 21, 2009 11:29 AM:

" Maybe they should call it a DUI/Meth checkpoint? "

napamouth wrote on Aug 21, 2009 12:16 PM:

" I'm afraid...because I always carry prescription Ibuprofen in my vehicle kept in a pill case but not my "prescription" or prescription container. I'm curious what will happen if they're found, will I be taken to jail too? "

post-it wrote on Aug 21, 2009 1:03 PM:

" John Richards,

You can thank the conservative supreme court of 1990 for overturning the MI supreme court which held these stops were in violation of the 4th amendment. "

chuck u farley wrote on Aug 21, 2009 1:04 PM:

" I love a good check point night!

I will be partying at the Silverado CC tonight. As I am arriving from work, I will drive there and meet my wife upon arrival... But then... I will call BLACK TIE TAXI (259-1000) to get a ride home... then I will pick up car tomorrow morning>

;)> "

LittleJoe wrote on Aug 21, 2009 1:13 PM:

" 'wonkagirl' - why would the cops do that? they would catch way more people and make way more revenue... besides they wouldn't be able to harass the locals then. "

John Richards wrote on Aug 21, 2009 1:19 PM:

" Mr Feasor wrote: "When you get your license, you consent to these types of checkpoints..."

Sounds like blackmail to me. Agree to unconstitutional checkpoints or you won't get your license.
As in any contract, the portions that are not legal are not enforceable. "

John Richards wrote on Aug 21, 2009 1:51 PM:

" Mr Feasor wrote: " It's legal...like it or not."

Among the many restrictions imposed on DUI checkpoints by the Supreme Court, one of the requirements is that it produces a substantially arrest rate of DUI drivers, at least 1% of those stopped. I doubt that Napa PD is making enough DUI arrests during the checkpoint to meet that 1% criteria.

Another checkpoint guideline says: "Checkpoint personnel were specifically instructed that drivers were not to be stopped merely for avoiding the checkpoint. The road sign announcing the checkpoint was placed sufficiently in advance of the checkpoint that motorists could choose to avoid the checkpoint."

Napa PD are routinely violating that guideline. "

grape wrote on Aug 21, 2009 3:31 PM:

" My license was about to expire so I sent in my money and renewal form a week before the expiration, they cashed the check finally last Tuesday but I still don't have a new driver license. Called DMV and it takes 6-8 weeks to get it they said. What!!?

So if I get pulled over tonight, will I get a ticket for driving without a license? Am I supposed to be taking the bus? "

raybo wrote on Aug 21, 2009 8:35 PM:

" No, grape-you are supposed to plan ahead and realize you are dealing with the DMV. "

JJtoob wrote on Aug 22, 2009 2:55 AM:

" Well, if they keep setting it up in the same place, then I don't think there has been much improvement on alchohol related crashes in that area. Funny thing is that I live near there and rarely see accidents, they all must happen when I'm sleeping. All I ever hear when I'm awake at 2am is the occational idiot speeding through Lincoln on a Kawasaki and I wait for the impact, but nothing. Only once recently did anyone crash and it was a few months ago on the California intersection. "

oldtownnapa wrote on Aug 22, 2009 4:11 PM:

" JJtoob-

So they put last night's checkpoint at Lincoln??? Does anyone know where they put up the checkpoint/when? I wonder if it yielded any arrests?? "

tomhansen wrote on Aug 25, 2009 1:41 PM:

" I've a friend who neither drinks, nor smokes. Yet, since the onset of her diabetes and ever since, her pupils are always 'pinpoints.' Very small pupils that will not dilate. She's as straight as an arrow, yet during a traffic stop the officer insisted she must have been drinking, which was not true. No offense meant to anyone in law enforcement whatsoever. But, I do hope they realize some people have seemingly physical 'tells' beyond their control. When she was allowed to go on her way, the officer still insisted he'd thought she's been drinking. He held his finger out and made her follow it side to side, but no breathalyzer was ever administered. She wishes it would have been, to prove a point. "

John Richards wrote on Aug 27, 2009 2:39 PM:

" I have fiends who when stone-cold sober cannot walk the heel-to-toe straight line test demanded by the cops. Another false positive. "

barefoot wrote on Aug 27, 2009 8:54 PM:

" I read that one third of all fatal accidents are alchohol related. That means that two-thirds of all fatal accidents have no alchohol involved. (two-thirds is more than one) Seems like the sober people are the ones that are making more fatal mistakes. Maybe sober driving should be illegal. "

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