AB 410

Under current law, with few exceptions, a law enforcement officer may not stop

a motor vehicle without reasonable cause to believe that the operator of the motor

vehicle has violated a law or ordinance.

This bill establishes a pilot program that will allow up to three counties,

designated by the Department of Transportation (DOT), to conduct a one-time

sobriety checkpoint operation and requires DOT to establish rules for conducting a

sobriety checkpoint. When a law enforcement agency conducts a sobriety

checkpoint, drivers are briefly stopped without individualized suspicion that they

may be intoxicated, and drivers who demonstrate some level of impairment or other

signs of drug or alcohol use are detained for additional testing and possible arrest.

The bill requires the DOT rules to ensure that drivers are stopped in a neutral,

nondiscretionary manner and that the initial stops are conducted in a way that

minimizes the disruption of traffic flow and minimizes the amount of time the driver

is stopped. The rules must also ensure that the sobriety checkpoint is located at least

two miles from any bar or restaurant that serves alcohol, has fixed beginning and

ending times, and is publicized before it is conducted. The rules must ensure that,

at the sobriety checkpoint, approaching drivers are given adequate warning that a

sobriety checkpoint is underway, and that officers clearly identify themselves and

explain the purpose of the sobriety checkpoint to each driver they stop. Finally, the

rules must establish criteria for determining which drivers may be detained beyond

the initial stop to undergo testing for intoxication.

The bill requires each county that operates a sobriety checkpoint to submit a

report to the legislature, the state patrol, and the governor that details the costs and

results of the sobriety checkpoints. Under the bill, DOT must to seek federal funding

to pay for the sobriety checkpoint pilot.