DUI Checkpoints

DUI checkpoints (also known as sobriety checkpoints or roadside safety checks) are set up by police in most states on occasion to look for drunk or otherwise impaired drivers. These checkpoints are typically set up along busy highways during holidays known for alcohol abuse, such as the 4th of July and Memorial Day. Roadblocks along intersections are commonly used as checkpoints, with officers stopping random vehicles at regular intervals (such as every tenth driver) to check for signs of intoxication.

While DUI or sobriety checkpoints are controversial and illegal in some states, they are legal under federal law.

DUI Checkpoints: A Legal Justification

Even in states where statutes require an officer to have reasonable suspicion of intoxication before initiating a traffic stop, sobriety checkpoints have survived most legal challenges. Erratic driving, drifting between lanes, or other suspicious behavior can raise reasonable suspicion that a motorist is inebriated and thus subject to a stop.

In 1990, the United States Supreme Court ruled that states had a compelling interest in combating drunk driving, and that public safety concerns outweighed any concerns about “invasion” of drivers’ privacy. The challengers in the case claimed that these checkpoints violated the 4th Amendment, but the Court found them to be reasonable in the circumstances. According to a US Centers for Disease Control report combining the findings of 23 scientific studies, checkpoints reduce alcohol-related crashes by about 20%.

State Laws and Sobriety Checkpoints

While federal law permits checkpoints to be used for the purpose of maintaining safer roads, states are free to use them or not. In 12 states, DUI checkpoints are not conducted because they are either illegal under state law or the state constitution, or the state lacks the authority to do so:

• There is no state authority in Alaska.
• Idaho – State law makes it illegal.
• Iowa – The law allowing roadblocks does not allow for sobriety checkpoints.
• Michigan’s constitution makes it illegal.
• Minnesota’s constitution makes it illegal.
• Montana only allows “safety spotchecks” under state law.
• Oregon’s constitution makes it illegal.
• Rhode Island’s Supreme Court has ruled that it is illegal.
• Texas – According to the state’s interpretation of the US Constitution, it’s illegal.
• Washington’s Supreme Court has ruled that it is illegal.
• Wisconsin – State law makes it illegal.
• Wyoming – According to the interpretation of the roadblock statute, it is illegal.