Law enforcement uses a variety of creative tactics to catch drunk drivers.
In California, it is illegal to drive if your blood alcohol concentration (BAC) is .08 percent (or lower, if you fall into certain categories), or if you are unable to operate your vehicle with the care of a reasonably cautious sober person. When most people think about a DUI (driving under the influence) arrest, they likely think about a person caught at a DUI roadblock, or pulled over after weaving through traffic. But the police also make arrests in a different way: by going undercover.
According to a Riverside DUI defense lawyer, the way it works is simple. Law enforcement officers will go to bars in plainclothes — dressed like they’re just heading out for a night on the town — and will observe others in the bar. They’ll carefully monitor other patrons, being careful to blend in with the crowd. When they see someone head to the exit with their car keys in hand, they can swoop in and make an arrest if that person appears to be intoxicated. The undercover officer can administer field sobriety tests, a portable alcohol screening (roadside breathalyzer), or otherwise just talk to the driver to determine if he or she is driving under the influence.
The police can also find even more creative ways to ensnare drunk drivers, such as working as cashiers at drive-thru windows for fast food restaurants late at night. When patrons pull through the line after a night at the bars, the officers can often detect the odor of alcohol on their breath — and find cause to arrest them for driving under the influence. Other places that law enforcement might work undercover include clubs and restaurants, or even sporting events. If alcohol is served, undercover officers might be there.
While many people might feel that this is a form of entrapment, under California law, it is not. Entrapment occurs when the police induce a person to do something that they wouldn’t normally do. For example, if an undercover police officer went to a bar and convinced a person who never drank to do shots, and then arrested him as he got behind the wheel of the car, that may be considered entrapment. But if that same police officer just watched as a person did shots and then stopped him as he drove under the influence, that is not entrapment, because the officer played no role in what the person chose to do. He simply arrested him after the fact.
While undercover DUI arrests are generally legal, the police do still have to follow the law, even if they are out of uniform. If you have been arrested for a DUI by an undercover officer, it may be worth challenging the arrest in court. A skilled Riverside DUI defense lawyer can help.
At the Chambers Law Firm, we have years of experience defending clients against California DUI charges. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help you.
