Checkpoints to crack down on drunk driving may sound good in theory. But in practice, in California, there is a common perception that checkpoints have often unduly targeted people in low-income areas and been used disproportionately against undocumented immigrants.

In particular, police have often been quick to impound vehicles of unlicensed drivers, even if the drivers are sober. Statistics from the state Office of Traffic Safety show that, at many checkpoints, the number of vehicles impounded has far exceeded the number of drunk driving arrests.

It wasn't only lawyers focusing on Bay Area DUI defense who were concerned about this. So were immigrant rights groups and many people in the general public. The practice of impoundment had become a cash cow for many local governments and tow companies benefitting from the fines and fees associated with it.

In October, Gov. Brown signed a bill passed by the legislature that is supposed to cut down on the number of cars that are impounded. The bill, AB 353, makes it against the law for police to seize vehicles at DWI checkpoints simply because the driver lacks a license.

The new law gives unlicensed drivers who are stopped at a checkpoint time to find a registered driver. Even if such a driver could not be found, police would only be allowed to tow the vehicle away for the night, not to impound it.

Vehicle owners will not be off the hook entirely. It will still be necessary to pay fees to get the vehicle released. Drivers who are not the owner will need to get the owner's signature to obtain the release. And drivers whose licenses are revoked or suspended can still have their cars taken for 30 days.

Source: "Brown signs bill to reduce checkpoint impounds," California Watch, 10-11-11