Experts Weigh in on Sobriety Checkpoints

As Youtube videos of the “Fair DUI” flyer are gaining traction across the country, the debate of whether or not sobriety checkpoints are constitutional has started to pick up steam. Here in San Diego, we have a constant issue with drunk driving and sadly, drunk driving related crashes and fatalities. In fact, UT San Diego reported in January there were less drunk driving arrests over the 2015 New Years holiday statewide in California, but significantly more arrests in San Diego County. And not just a little more - 42.9% more.

So, why is drunk driving such an issue in this county? As a San Diego native, I personally think it has to do with the way our county is set up. We have neighborhoods with completely different vibes and nightlife scenes all across the county like North Park, the Gaslamp, Encinitas, downtown Carlsbad, Pacific Beach, Ocean Beach, etc. and they aren’t just for locals. People travel all over the county to go to certain bars, restaurants, and events, most of which include drinking. This diversity is one of the things that I love most about San Diego, but when it comes to transportation, makes it difficult. Our public transportation is not stellar and taking a cab from Encinitas to Mission Valley or Downtown can be pricey. This may not be the main reason, but I think it’s a factor as to why drunk driving is such a large issue in our city.

Since this is big local problem, San Diego DUI Attorney George H. Ramos, Jr., took part in an expert roundup to debate the efficacy and constitutionality of sobriety checkpoints. Conducted and published by San Diego based consumer and safety awareness organization Safer-America, this expert roundup produced some strong opinions from huge experts including Candace Lightner, the Founder of WeSaveLives.org, Warren Redlich, the creator of the “Fair DUI” flyer, a local SDPD officer, Mark McCullough, and others. Here are a few highlights from the heated debate:

It’s not surprising that when asked if sobriety checkpoints are constitutional, the creator of the “Fair DUI” flyer, Warren Redlich, said ”In my opinion, they are not.” He went on to explain that these checkpoints include “unreasonable search and seizure” which goes against our Fourth Amendment rights.

Candace Lightner believes sobriety checkpoints are “constitutional by federal standards” and goes on to make a comparison between sobriety checkpoints and airport scrutiny conducted to protect us from terrorist activity. Lightner states, “I consider impaired driving a bigger national threat than airplane hijackings and explosions.”

The debate heats up when the experts were asked what they thought of Warren Redlich’s “Fair DUI” videos. Lightner didn’t hold back saying “I think it’s stupid and they should have been stopped anyway” referencing the ability for drivers to go through a checkpoint without so much as rolling down their window.

Ramos gave a candid response calling it “nothing more than a publicity stunt” and said attempting to go through a DUI checkpoint using this flyer “only exacerbates an already delicate situation.”

I think the most helpful part of the roundup was when experts were asked, “excluding sobriety checkpoints, what do you believe is the most effective way to crack down on drunk driving related crashes?”

Each expert had great insight into this question with distinctly different answers that all addressed different issues. Some mentioned the “bystander approach”, meaning friends and family need to be better at taking a stand against letting their loved ones drive drunk. Others mentioned education and increased publicity. Another suggested Breath Alcohol Ignition Interlock Devices for repeat offenders.

While there were varying opinions across the board for this expert roundup, one fact was agreed upon by all: drunk driving is a serious issue that has to be dealt with. This is especially true in San Diego where drunk driving appears to be on the upswing.

To read the full expert round-up visit the website of San Diego Criminal Defense Lawyer George H. Ramos, Jr.: Are Sobriety Checkpoints Unconstitutional? 7 Experts Weigh In

What is your opinion? Do you think sobriety checkpoints are helping the fight against drunk driving? Why do you think drunk driving is such a big problem in San Diego County? Share your opinion in the comments below.