Allen Bill Would Establish Uniformity in the Way DUI Checkpoints & Vehicle Impoundments Are Conducted

Sacramento – The Assembly Transportation Committee voted 11-3 Monday to approve AB 1389, legislation by Assemblymember Michael Allen (D – Santa Rosa) to establish uniformity in the way that DUI checkpoints and vehicle impoundments are conducted across the state.

AB 1389 would codify into law two court cases dealing with DUI checkpoints and impoundments. The first case, Ingersoll v. Palmer, involves a California State Supreme Court decision from 1987, which articulated specific guidelines for DUI checkpoints to ensure that they are constitutional under the 4rth Amendment. In City of Cornelius v. Miranda, the Ninth Circuit Court of Appeals in 2005 determined that law enforcement should apply the community caretaking doctrine when determining whether or not to impound a vehicle. Both cases establish clarity and uniformity with respect to the way that DUI checkpoints and vehicle impoundments of unlicensed drivers, are conducted across the state.

Currently, there is no set, statewide protocol that is followed by all jurisdictions for these procedures. AB 1389 would establish basic guidelines as to how DUI checkpoints can be set up, such as insuring that a neutral methodology is used for determining which vehicles shall be stopped at checkpoints, proper notice is given for the checkpoints, the location of the checkpoints are based on data showing high incidence of arrests for driving under the influence, and that checkpoints are conducted at a reasonable time in the day.

AB 1389 also establishes requirements for impounding of vehicles, specifically that two conditions must be met in order for a vehicle to be impounded – first, that the driver must not have a valid driver’s license, and second, that any of the following must apply: the driver cannot obtain a validly licensed driver to drive the vehicle, the driver is able to remove the vehicle so that it does not impede traffic until a validly licensed driver can retrieve the vehicle, or the peace officer is able to lawfully remove the vehicle to a place that does not impede traffic.

“AB 1389 simply codifies and tightens DUI and impoundment guidelines to create uniformity across the state with respect to these procedures,” Allen said. “By codifying this into law, communities will have a better understanding of the proper checkpoint and impoundment protocol.”

CONTACT: David W. Miller (916) 319-2007