DUI Checkpoints

Police must have probable cause to pull motorists over. Probable cause means the police must have “articulable suspicion” that a traffic offense or crime has occurred or is occurring. This can include driving too fast or slow, swerving, driving without headlights, exhibiting poor judgment, failing to stop, improper signaling, or any other traffic offense.

DUI checkpoints provide an exception to that rule. A DUI checkpoint is typically when a law enforcement agency sets up a roadblock on major streets and looks at drivers for signs of impairment. DUI roadblocks are most likely to be set up when there is a higher potential for drunk driving, like around holidays or big events. Many states allow this practice to deter people from driving under the influence of drugs or alcohol.

Laws vary by state, and a local criminal defense lawyer with DUI or DWI defense experience can assess your case, apply local laws, and prepare your best defense. If you are facing a DUI charge, contact a local and experienced DUI defense lawyer.

DUI Checkpoint Requirements

Sobriety checkpoints have naturally been the subject of controversy, as they allow authorities to stop drivers and speak with them without having probable cause. There are rules governing these checkpoints, and police departments do not have free rein to stop every driver for no reason.

The National Highway Traffic Safety Administration (NHTSA) has guidelines to ensure that drunk driving checkpoints are valid, including that:

• Checkpoint locations are in a reasonable place
• Safety measures are taken
• Checkpoints last for a reasonable duration and take place at a reasonable time
• Drivers are stopped for a minimal amount of time
• Supervising officers are directing the operation
• There is a neutral system for stopping drivers (and no racial profiling, for example)
• There is an obvious law enforcement presence and visibility, and
• There is a public notice available

Probable Cause Still Applies After a Stop

Checkpoints are not meant to take up much of a sober driver’s time and should generally last the same amount of time as a red light. Reasonable suspicion is needed for anything more than briefly stopping and questioning a driver.

Police officers can only ask a driver to undergo sobriety testing if there is evidence that would cause a reasonable officer to suspect intoxication. To arrest or further detain a driver after testing, the evidence must indicate impairment. This includes the driver’s blood alcohol content (BAC) being high or failing a field sobriety test.

If the Police Suspect an Impaired Driver

At the sobriety checkpoint, police officers look for signs of intoxication. These include the odor of alcohol, open containers, slurred speech, bloodshot eyes, or the driver admitting to drinking. If police officers see signs of intoxication, they will pull the vehicle over for further investigation.

Police will try to gain evidence for probable cause to make an arrest. This may include questioning the driver or conducting a field sobriety or breath test with a breathalyzer.

Are DUI Checkpoints Legal?

Critics argue that these stops violate the constitutional rights afforded by the Fourth Amendment, which protects people against unlawful search and seizure. The U.S. Supreme Court, however, ruled in 1990 that briefly stopping drivers at checkpoints is constitutional. The court ruled that checkpoints do not violate the Fourth Amendment because the stops are only minimally invasive to drivers but important to the state’s “grave and legitimate” interest in reducing drunk driving.

Many state courts, however, have ruled against checkpoints at the state level. Some states have laws outlawing sobriety checkpoints, while other state courts have found they violate the state constitution. However, in the majority of states, drunk driver checkpoints are permitted and not considered to be unreasonable searches.

Talk to your criminal defense lawyer to find out about sobriety checkpoints in your state.

Do Sobriety Roadblocks Work?

According to NHTSA, sobriety checkpoints increase the visibility of law enforcement measures and have a strong deterrent effect.

When drivers know they may be passing through an impaired driving roadblock, they may be less likely to venture out or avoid alcohol while driving.

Defending Your Legal Rights After a DUI

If you are facing drunk driving charges after a sobriety checkpoint, a DUI lawyer could help you learn what steps to take next. In some cases, checkpoints are found to be run incorrectly, which could invalidate evidence of a DUI in a DUI case.

Additionally, if an officer did not have reasonable suspicion to test you further, a judge may throw out that evidence. Even if the stop was legal, there may have been problems with how police measured your BAC. Attorneys can offer legal advice and representation so you can minimize the chances of a DUI conviction, the consequences of which can be hugely significant. If you are facing a DUI charge, contact a DUI defense attorney to discuss the circumstances of your arrest.