The California Highway Patrol has primary responsibility for dealing with traffic-related matters on freeways and roads. They are also known as the CHP, and they probably, by far, arrest the most people for DUIs in Los Angeles County, more than any other law enforcement agency.
With my twenty-five years of experience, I've witnessed the sheriffs, LAPD, and the CHP in action. The CHP's unwavering dedication to its primary task of apprehending DUI offenders is evident. They're not just out for other traffic-related offenses, but especially on weekends, they're actively seeking out those who are driving under the influence on the highway.
These individuals are specially trained to handle DUI cases and set up checkpoints. What I think, having done this for a long time and talked to a lot of my clients related to their DUI arrest by the CHP, is that in the wee hours of the night, they're just pulling people over randomly, especially on the weekends because they figure there's a high percentage of people who are drinking and driving and they're going to catch them.
Now, are they allowed to do that? Of course not. You can't just pull people over for no reason. Do they do it anyway? Of course, they do. The key is that they need to develop a sense of the pullover.
For the average driver, the reasons for a CHP stop may not always be clear. However, there have been some recent developments that have been beneficial for the DUI defense world. Many CHP vehicles are now equipped with dashcam videos, a modern tool that can provide crucial evidence in challenging a CHP's account of a stop.
So, if they're going to start lying about the reason for the pullover, if you can catch their lie on their dashcam video, that's one way to challenge them.
Field Sobriety Tests and Dash Cam Video
Another example is during a Field Sobriety Test in a DUI case; if the suspect's car's dashcam is pointed in that direction and you're conducting all the Field Sobriety Tests correctly, that's another way to catch them if they're not being truthful.
These individuals are aware of this, and often, they point their cars in different directions, so they don't participate in the Field Sobriety Test, or their dashcam doesn't activate until after the stop. So, there are ways to get them. When I say 'get them,' I mean to show that they're not telling the truth — that you were driving in an unsafe manner.
It's important to understand that the CHP is not just another law enforcement agency. They are specially trained to detect and apprehend DUI offenders. Their expertise in this area is recognized with awards for the highest number of DUI arrests in the Los Angeles area. Their academy training is focused on teaching them how to detect people driving under the influence of alcohol.
Specifically trained to use the DUI Breath Machine.
They train on how to use the Intoxilyzer 3000, the breath machine they use to check the alcohol level, and the PAZ device is the preliminary alcohol screening device. So, they're trained on all that, and their primary goal is to catch people for DUIs on our highways.
As far as the CHP goes in DUIs, they're the worst enemy of a criminal defense attorney, and somebody caught for a DUI because once they get you and write up a police report, they're going to try to get that conviction.
I've seen them with what I call pencil-whip you to death, where they say a bunch of stuff about you, all aiming to get you for the DUI. So, I ask many of my clients how they think they did on the Field Sobriety Test. They tell me, Oh, I passed them.
However, the answer is that if you were arrested and cited for a DUI, you failed the test because they cannot say you passed the test – meaning you can safely operate a motor vehicle – because those tests are designed to check for impairment and arrest you.
They can't do that, so if they arrest you, they will claim you failed the test. So, assume if you got arrested for DUI by the CHP, they're going to say that you failed the test, and they're going to write that police report up in such a way that they can try to get that conviction for the DUI in whatever Los Angeles court you are sent to.
