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The authors of the two bills — AB 353 and AB 1389 — acknowledge they're seeking to provide cover to undocumented, unlicensed drivers who lose their vehicles while passing through the checkpoints if they aren't intoxicated.
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When a suspect's vehicle is lawfully impounded (such as when the driver is arrested where the vehicle cannot be safely parked and locked, and there is no sober, licensed driver to take custody of it), it is usually permissible to conduct a standard inventory of the vehicle and its contents.
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The Los Angeles Police Department decided to give drivers a break if they're caught at DUI checkpoints without a license by releasing the vehicle to a family member or friend if they can get to the scene quickly.
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If the court finds that the Constitution was violated by a vehicle impound, the existence of an authorizing statute or policy may not be enough to save you and your agency from civil liability and suppression of resulting evidence.
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