Many states allow DUI checkpoints as a law enforcement tool to crack down on drunk drivers. Although the U.S. Supreme Court ruled these as constitutional, several states prohibit them. These include Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin and Wyoming. The states of Alaska and Montana don’t have any specific laws addressing DUI checkpoints, choosing not to conduct them.
Are Checkpoints Unconstitutional?
The Fourth Amendment of the United States Constitution protects all citizens from unreasonable search and seizure. This means that law enforcement must either have probable cause or an arrest warrant in order to detain you. This is why many argue that police roadblocks and checkpoints are unconstitutional because they violate an individual’s rights. When determining if the checkpoint was justified, the courts will examine police conduct and the circumstances surrounding the stop. The checkpoint might be a reasonable intrusion considering:
- The magnitude of the state’s interest in preventing accidents cause by DUI offenders
- The extent of how the checkpoint advances that goal
- The level of intrusion on an individual’s privacy, both objectively and subjectively and how they perceive the intrusion
The U.S. Supreme Court ruled that even though driving under the influence violates the Fourth Amendment, they are justified because they are a legitimate tool to reduce drunk driving. In the case of Michigan Dept. of State Police v. Sitz, the U.S. Supreme Court handed down a much-criticized decision, overlooking the Fourth Amendment of the Constitution. The reason given by the Supreme Court Justices stated, “No one can seriously dispute the magnitude of the drunken driving problem or the States’ interest in eradicating it…the measure of the intrusion on motorists stopped briefly at sobriety checkpoints is slight”. It’s rather ironic considering that the State of Michigan prohibits sobriety checkpoints.
State Rules for Roadblocks
In states where sobriety checkpoints are allowed by law, they must meet certain requirements to be considered legal in order to stand up in court. These factors might include:
- The public must be given notice about the checkpoint, i.e. warning signs or flashing lights.
- Motorists must be given the opportunity to turn around and not proceed through the checkpoint. They cannot be pulled over by law enforcement if they choose to turn around, unless they commit a traffic violation or show signs of intoxication.
- There must be an impartial formula used for stopping drivers, such as every fifth car.
- Safety conditions must be monitored during the checkpoint.
- The nature and length of the stop must not be obtrusive.
- The location of the roadblock must be reasonable, including the time of day.
The laws regarding DUI checkpoints may vary widely and each state must determine which regulations will apply when conducting roadblocks.
Why You Need Legal Representation
A good defense attorney familiar with drunk driving cases will be apprised of how the U.S. Constitution may be able to get your DUI arrest dismissed. The Fourteenth Amendment says that all citizens are entitled to equal protection under the law. If the police are only pulling over people of Latin origin in an effort to catch illegal immigrants, the case may be thrown out of court because the checkpoint was unconstitutional.
