DUI Checkpoint Bill Passes in Assembly

A bill that would allow unlicensed drivers to call someone to come pick up their cars instead of getting them impounded, passed in the California Assembly Friday morning.

Sponsored by Assemblyman Michael Allen, D-Santa Rosa, AB 1389 is an attempt to deal with a criticism of DUI checkpoints, which immigrant groups say often result in more citations of undocumented Latino drivers, who are prevented by law from obtaining licenses, than drunk drivers.

Instead of having a car impounded for up to 30 days, as is now common practice, the law would allow drivers to park their vehicles in a safe place and then call a family member or a friend to retrieve it. Critics have said the proposed legislation is ridiculous, because it forces law enforcement to act like “uniformed valets” in the words of Dan Fox, a traffic safety resource prosecutor for the California District Attorneys Association.

Data from the Petaluma Police Department shows that roughly half the people cited or arrested at DUI checkpoints are those without licenses and that DUI arrests make up a tiny percentage of the total arrests. For example, in 2010, out of 506 cars pulled of the road in Petaluma during DUI checkpoints, only 25 resulted in DUI arrests. Meanwhile, 117 people were issued citations for driving without a license.

Numbers for the first part of 2011 and all of 2009, paint the same picture.

Immigrant rights advocates say once people are cited and are forced to appear before a judge, they risk being deported for being in the country illegally.

Sergeant Ken Savano, who is in charge of Petaluma Police Department’s Traffic Unit, defended the checkpoints as an important educational tool to promote safety on the roads.

“Even though we don’t apprehend that many people, the education and the deterrent that occur are what matter in the overall,” Savano said.

He also said that the DUI checkpoints routinely check for licenses because statistics have shown that people with suspended licenses are four times more likely to be involved in a crash and unlicensed drivers five times more likely.

“It’s all based on safety,” Savano said.

Another aspect of Allen's bill would require police to notify the public of the general area of the DUI checkpoint, information that is now stricly guarded.

The bill now heads to the Senate.