Huntington Beach Police breath testing patrons in local bars

Is the Huntington Beach Police breath testing patrons in local bars ? The Orange County Register had a news story about the Huntington Beach Police breath testing patrons in local bars as part of the “know your limit” program. Huntington Beach Police received a grant from the State of California Office of Traffic Safety in the amount of $435,226 for the program up to September, 2015, although Police in Huntington Beach said they will continue the program. Police Officers are paid to hang out in local bars, breath test patrons, and give out a silver sticker that reads “I Know My Limit.”

Of 55 cities comparable in size, with 100,001 to 250,000 residents, Huntington Beach was ranked No. 1 in the state in 2011 for alcohol-involved accidents. That year Huntington Beach saw 164 victims killed or injured. Further investigation showed that the majority of those accidents were from the following five local bars:

Baja Sharkeez: 16 accidents Hurricanes Bar and Grill: 5 accidents Marlin Bar and Grill: 5 accidents Huntington Beach Beer Company: 4 Black Bull Chop House: 4

Huntington Beach Police breath testing patrons in local bars

Huntington Beach might be the first to use this breath testing program, but they probably won’t be the last. Officers from the Anaheim Police Department and police agencies in Los Angeles County have joined Huntington Beach officers in downtown bars to test out the program for their cities.

The OC Register Article did state one troubling fact, however. It suggests that people could be arrested for not participating:

Bar patrons who are clearly intoxicated and refuse to participate in Know Your Limit can be arrested for being intoxicated in public, but are mostly encouraged to find a ride home.

Does that mean that if you refuse a breath test in one of the local bars (which is not illegal, as long as you are not being asked to leave), and an officer thinks you are drunk, (without a test to confirm), that you could be arrested based upon not participating in the voluntary test?

The program may also not be particularly effective however. The first city to use the program was Scottsdale, Arizona, where they instituted it in 2010, and then had a record year of drunk driving accidents in 2011.

Awareness to prevent DUIs is admirable, but it’s the driving that is the problem. Drinking is not illegal. If you know how to drink and how to avoid a DUI, you can avoid the intrusion from police demanding a test from you in a bar.

If you do know someone arrested for a Huntington Beach DUI, the best thing you can do is talk to an experienced Huntington Beach DUI lawyer. Call 949-682-5316 to get your free consultation today.