In the fight to reduce or reduce or eliminate the crime of driving under the influence of alcohol or drugs, many states have enacted DUI checkpoint laws. These laws allow law enforcement officials to stop every vehicle or a every vehicle at specified intervals, to check for DUIs. While the majority of states and the U.S. Supreme Court believe these laws are constitutional, some states do not and believe DUI checkpoints are unconstitutional.
Sobriety Checkpoints
Sobriety Checkpoints are roadblocks set up by law enforcement officials to stop drivers and administer alcohol breath tests. It may be administered on every car that passes by or it may specify every “nth” car that passes by for testing. When the law enforcement agency does not have access to enough portable breathalyzers, they may use roadside sobriety tests. When an officer determines that someone is intoxicated, they may be taken into custody and given evidentiary breathalyzer tests at the station.
Many jurisdictions use these sobriety checkpoints at times (nights, weekends, and holidays) and in places where drivers are more likely to be intoxicated.
Constitutional Question
The real issue centers on the question of the Fourth Amendment to the Constitution. It guarantees protection to citizens against “unreasonable searches and seizures” by law enforcement officials without “probable cause.” State supreme courts challenged the constitutionality of sobriety checkpoints, but the U.S. Supreme Court ruled that they are constitutional. The explanation was that because these tests are so effective in getting DUI offenders off the streets, it is in the best interests of the country to allow them.
- 38 states, the District of Columbia, the Virgin Islands, and the Northern Mariana Islands have made sobriety checkpoints legal
- 11 states have not made sobriety checkpoints legal, either through outlawing them or failing to enact a law to authorize them.
Limitations on Checkpoints
Because of the controversy over these sobriety checkpoints, many states have restrictions on their use. Some of the common restrictions include:
- Posting public notice of the checkpoints
- Providing turnouts for those who do not wish to participate
- The parameters for stopping cars must be uniform, such as stopping every car, stopping every 4th car, etc.
Getting Legal Help for DUI Checkpoint Arrests
The controversy over sobriety checkpoints provides suspects with an opportunity to seek a constitutional defense from these charges. An informed and experienced DUI lawyer can investigate the conditions of the arrest, find out if there are any constitutional errors in the sobriety checkpoint, the sobriety tests, or the arrest, and use that information to mount an effective defense.
