Fullerton Police stage DUI checkpoints; here are some of the rules agency must follow

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Vehicles streamed slowly through a well-lit, cone-created single lane along eastbound Chapman Avenue, just east of State College Boulevard late Thursday … 671 vehicles, to be exact.

The purpose: a DUI/driver license checkpoint conducted by the Fullerton Police Department.

While the main intention of such pre-publicized sobriety checkpoints is to deter would-be impaired drivers and to educate the public on the dangers of drunk driving, the operation did yield some arrests.

Of the 671 vehicles that passed through the checkpoint on Sept. 1, 334 drivers were contacted by officers. Of those, three drivers were arrested on suspicion of DUI, two were cited for driving without a license and one was cited for having an open beer can in the car.

Photo by Steven Georges/Behind the Badge OC

Officer Lloyd White speaks with a driver during the DUI checkpoint. Photo by Steven Georges/Behind the Badge OC

Every driver contacted also was handed a Mothers Against Drunk Drivers (MADD) flyer with DUI-related statistics in an effort to educate the public.

The interactions between officers and drivers typically took no longer than 30 seconds.

Officers look for the smell of alcohol or marijuana, bloodshot eyes and slurred speech, said Sgt. Craig Odom, who supervises the checkpoints.

“Most people are very cooperative and polite,” Odom said. “I notice more times than not, we get people thanking us for being out here.”

Even a driver who was cited for driving under the influence of marijuana went as far as to thank the officer who cited him, Sgt. Jon Radus.

“At the end, he said, ‘Thank you. This was a wake-up call,’” Radus said.

FPD officers, cadets and RSVPSs attend a briefing prior to the DUI checkpoint enforcement on Sept. 1. Photo by Steven Georges/Behind the Badge OC

FPD officers, cadets and RSVPs attend a briefing prior to the DUI checkpoint enforcement on Sept. 1. Photo by Steven Georges/Behind the Badge OC

The checkpoint was the FPD’s fifth since October 2015, with all the funding coming from California Office of Traffic Safety (OTS) grants.

Fullerton already has been approved for OTS grants for checkpoints and other traffic safety operations starting this October.

There has been misinformation about the legality of sobriety checkpoints, Odom said, with allegations they are unconstitutional.

The sergeant points to a 1987 California Supreme Court ruling in the case of Ingersoll v. Palmer, in which the court ruled that sobriety checkpoints are legal when conducted under certain guidelines.

For example, a neutral formula must be used to determine which drivers are stopped.

Officers Scott Flynn and Chris LeFave speak with a driver during the DUI Checkpoint. Photo by Steven Georges/Behind the Badge OC

Officers Scott Flynn and Chris LeFave speak with a driver during the DUI checkpoint. Photo by Steven Georges/Behind the Badge OC

In last week’s checkpoint, police stopped five vehicles and then allowed five to pass through. When there was a shortage of personnel, they switched to a four-and-four formula to maintain equity in the amount of vehicles stopped versus those that were allowed to pass through.

Four members of the department’s Retired Senior Volunteer Program meticulously kept count to insure the formula was followed.

The volunteers kept track of which vehicles were pulled off the line for suspected DUI and the outcome of those investigations.

“This is very, very important,” said RSVP Chuck Piercey, who has volunteered for several checkpoints. “It has to be accurate for legal purposes in case there is a trial. This is a good thing for the community (and) this is the very least we can do to help out.”

Photo by Steven Georges/Behind the Badge OC

Sgt. Jon Radus conducts eye exams on a suspected DUI driver. Photo by Steven Georges/Behind the Badge OC

Volunteering along with Piercy were Bernie Bernstein, Gary Poggensee and Bob Drissen.

Checkpoints must also be staged in areas where there is a history of DUI arrests and accidents.

The safety of the officers and the public must also be considered when choosing a location.

Checkpoints must also be publicized in advance and highly visible to approaching drivers.

Also lending support during the checkpoint were two members of Project PATH, a Community Service Programs Inc. effort that focuses on preventing drug and alcohol abuse in six OC cities.

Project PATH Assistant Director Joyce Gore and Elda Gasga, PATH health educator, dropped off food and coffee for the officers working the checkpoint.

“The reward for us is coming out and supporting law enforcement,” said Gore. “And Fullerton is definitely one of those cities that is proactive about getting impaired drivers off the streets.”

Fullerton PD Cpls. Kenny Edgar, left, and Joe Torres utilize a BAT to determine a driver’s Blood Alcohol Content (BAC). Photo by Steven Georges/Behind the Badge OC

Fullerton PD Cpls. Kenny Edgar, left, and Joe Torres utilize a BAT to determine a driver’s Blood Alcohol Content (BAC). Photo by Steven Georges/Behind the Badge OC

RSVP Chuck Piercey provides assistance during the DUI checkpoint. Photo by Steven Georges/Behind the Badge OC

RSVP Chuck Piercey provides assistance during the DUI checkpoint. Photo by Steven Georges/Behind the Badge OC

RSVPs provide invaluable assistance during FPD’s DUI checkpoints. Photo by Steven Georges/Behind the Badge OC

RSVPs provide invaluable assistance during FPD’s DUI checkpoints. Photo by Steven Georges/Behind the Badge OC

Detective Ricky Reynoso speaks with a driver during the DUI Checkpoint. Photo by Steven Georges/Behind the Badge OC

Det. Ricky Reynoso speaks with a driver during the DUI checkpoint. Photo by Steven Georges/Behind the Badge OC