Bill would codify sobriety checkpoints

A North Coast lawmaker has proposed a bill that would set statewide guidelines for how law enforcement agencies conduct sobriety checkpoints.

At the heart of Santa Rosa Assemblyman Michael Allen's bill are limits on when officers can impound vehicles during checkpoints, a practice that has drawn considerable scrutiny among people who say the checkpoints net few drunken drivers and unfairly target illegal immigrants.

Local law enforcement leaders are closely watching the bill, AB 1389, which was passed earlier this month by the Assembly Transportation Committee and is set to be considered by the whole Assembly in the next two weeks.

"I'm not sure what the intent of the bill is, and until I see the final (version), I won't know how it will impact what we do," Santa Rosa Police Chief Tom Schwedhelm said.

Current state law allows officers to cite or arrest a person found to be driving without a license and impound the vehicle for 30 days.

Allen, D-Santa Rosa, said his bill would require that officers allow a person to let a licensed driver move the vehicle, or legally park it until a licensed driver arrives. A vehicle could be impounded in certain circumstances, such as if it was used to commit a crime.

Allen said his bill reaffirms what courts have ruled, that "driving without a license should not be a trigger to the loss of property."

Schwedhelm and Petaluma Police Chief Danny Fish said they were waiting to evaluate the law until it moves further through the amendment process. They're also waiting to hear whether the California Police Chiefs Association will oppose the bill.

"Quite frankly, we can't put a whole lot of effort (into interpreting bills) until they become laws," Fish said. "I don't want to jump to any conclusions until we see an end product."

Allen said he wrote the bill after people with a religious social action committee told him that the checkpoints caused fear among illegal immigrants, particularly Latinos.

They shared stories of otherwise law-abiding people who faced significant hardships once their vehicle was impounded, including a Modesto woman being driven home from the hospital by her unlicensed husband; she had to walk five miles home. Without a vehicle, her husband lost his job.

"The idea that people lose their livelihoods because they can't have family come help them doesn't make sense to me," Allen told the Associated Press. "It seems cruel and heartless."

Vehicle impounds increased 53 percent statewide from 2007 to 2009, according to Allen's bill. The bill states that in many cities, the ratio of impoundments to DUI arrests is 20 to 1, according to the Associated Press.

Allen found that law enforcement agencies across the state operate checkpoints in different manners. His bill also aims to codify court precedents.

Schwedhelm said that checkpoints were a successful deterrent against both drunken driving and driving without a license.

"People are listening, it's working with DUIs," Schwedhelm said. "It must also be working with unlicensed drivers. If we have a checkpoint, wouldn't it be great if we didn't impound any cars or make any arrests?"

The Associated Press contributed to this story. You can reach Staff Writer Julie Johnson at 521-5220 or julie.johnson@pressdemocrat.com.