Are Sobriety Checkpoints Constitutional?

Sobriety checkpoints are roadblocks that law enforcement set up on roads or highways to deter drunk drivers. Police departments typically give advance notice of checklists without disclosing the location. Sobriety checkpoints are constitutional under federal law. However, some states prohibit DUI checkpoints based on state law.

Drunk driving laws vary by state. After an arrest at a sobriety checkpoint, talk to a local DUI defense attorney for legal advice.

How Do Sobriety Checkpoints Work?

Driving under the influence (DUI) increases the risk of injury accidents. Sobriety checkpoints can take drunk drivers off the road. They also deter other drivers from getting behind the wheel when they know they may go through a DUI checkpoint.

Many jurisdictions set up checkpoints at night, during the holidays, and on weekends. This is generally when the greatest number of impaired drivers will be on the roads. In states where they are legal, each jurisdiction conducts sobriety checks differently.

Every vehicle must have an equal opportunity for random checks. Some jurisdictions stop cars at predetermined intervals. For example, law enforcement officers may stop every 10th driver who drives by and ask the driver for their driver’s license or proof of insurance. Other jurisdictions stop every driver who passes the checkpoint.

However, not all states conduct drunk driving checkpoints. Many states have made it illegal for the police to conduct sobriety checkpoints.

When Do Police Setup DUI Checkpoints?

Some holidays have increased rates of drunk driving accidents. Common holidays when law enforcement sets up sobriety checkpoints include:

• Memorial Day
• Independence Day (4th of July)
• Labor Day
• Thanksgiving
• New Year’s Eve

These can happen at any time of day. However, DUI checkpoints are generally conducted in the evening and early morning.

Which Constitutional Rights Are at Issue?

Under the Fourth Amendment of the United States Constitution, people have the right to be secure in their persons, houses, papers, and effects. They are protected against unreasonable searches and seizures.

Fourth Amendment rights protect against search warrants unless there is probable cause. Some states prohibit drunk driving checkpoints. Lawmakers and courts have determined that checkpoints violate drivers’ rights in those states. Some states passed laws to prohibit checkpoints. Other states have found that checkpoints violate state constitutional protections against warrantless searches.

Opponents also claim sobriety checkpoints infringe upon a person’s Fifth Amendment right against self-incrimination. In many states, drivers do not have to answer whether they have been drinking. This question would force drivers to violate their Fifth Amendment constitutional right against self-incrimination.

Do Sobriety Checkpoints Violate a Driver’s Constitutional Rights?

Despite a minority of states not having drunk-driving roadblocks, they are not a violation of the U.S. Constitution. The Court weighs the public safety interest against individual liberties in a balancing test.

In Michigan v. Sitz, the United States Supreme Court found that a state’s interest in reducing drunk driving outweighs the minor infringement on a driver’s constitutional rights. The Court held that sobriety checkpoints are constitutional if they meet specific requirements.

For valid checkpoint programs, law enforcement officers must follow clear guidelines. Recommended guidelines include: 

• Public notice of the checkpoint ahead of time
• Reasonable time and location of the checkpoint
• Supervising police officers oversee the checkpoints
• There are neutral criteria for stopping motorists

However, the Supreme Court left it up to each state to develop these guidelines. For example, in California, supervisors decide which cars to stop (like every other car or every tenth car). The length of each stop should be as short as possible.

Do You Have to Comply with Sobriety Checkpoints?

If law enforcement officials ask you to stop your car at a sobriety checkpoint or anywhere else, you must comply. However, police officers can only stop you briefly at a checkpoint. If the police stop the driver for anything more than a brief stop, they have to have reasonable suspicion that the driver is violating traffic laws. With reasonable suspicion, they can have the driver pull over for further evaluation.

Sobriety checkpoints are meant to minimize the danger of drunk driving. They catch impaired drivers and deter others from driving while under the influence (DWI). However, that does not give police the right to trample on your constitutional rights.

It is crucial to know whether these types of checkpoints are legal in your state and what your rights are if you go through a sobriety checkpoint. If you have questions about sobriety checkpoints in your state or community, a criminal defense attorney can help. Contact an experienced DUI defense attorney for legal advice in your DUI case.