With the holidays approaching, Sobriety Checkpoints or DUI Checkpoints set up in the Bay Area will stop drivers to briefly examine them for signs of intoxication. If signs of intoxication are detected, the motorist will be directed to pull over, their driver's license and car registration checked and further sobriety tests conducted, and possibly they will be arrested.
The Supreme Court has ruled that a State's use of highway sobriety checkpoints does not violate the Fourth and Fourteenth Amendments to the United States Constitution. Michigan Department of Police Et Al. v. Sitz, 496 U.S. 444 (1990). It is not illegal to avoid the checkpoint, but any infraction committed while doing so will probably result in being pulled over.
However, you are not required to take the field sobriety tests (FSTs). You may respectfully decline.
Fourth Amendment Rights issues raised in AP and Fox News searches. AG Holder signed Rosen's warrant alleging espionage but tells congress he knew of :" no potential prosecution of the press."
Boating While Intoxicated
Erin Brockovich - Her exploits as an environmental activist were portrayed in an Oscar award-winning film, is accused of operating a boat while intoxicated at Lake Mead, Nevada (Not Julia Roberts, the real Erin Brockovich).
A game warden arrested Brockovich when he noticed signs that she was intoxicated, including slurred speech, while she struggled to dock her boat. She tested above the legal limit of 0.08 blood alcohol content.
Refusal to Take Blood Test During DUI Arrest
Jim, Mark and John Discuss DUI Arrests. Lamar Odom DUI - Odom needs some legal firepower after his DUI arrest, and its OJ Simpson's lawyer Robert Shapiro to the rescue. Lamar has hired Shapiro in what promises to be a sticky situation. Lamar was arrested on the 101 Freeway and cops believe he was under the influence of both drugs and booze. He refused to submit to a blood-alcohol test.
Your Right To Remain Silent
Dzhokhar Tsarnaev immediately stopped talking after a magistrate judge and a representative from the U.S. Attorney's office entered his hospital room and gave him his Miranda warning.
This ended what Federal Agents "an urgent public safety"interview with Dzhokhar Tsarmacv. Dzhokhar Tsarnaev had told them that his older brother had just only recently recruited him to be part of the attack that detonated the pressure cooker bombs.