DUI Sobriety Checkpoints

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 When Can Law Enforcement Stop a Vehicle?

The 2th Amendment to the United States Constitution requires that any search and seizure that is conducted by law enforcement must be reasonable. Generally, if law enforcement does not have a reasonable suspicion that a driver of a motor vehicle is engaged in criminal wrongdoing, law enforcement is not permitted to pull over, or stop, that vehicle.

Law enforcement, however, may be able to conduct brief vehicle stops without having reasonable suspicion during a DUI checkpoint. These types of stops may be conducted briefly to check for signs of intoxication as part of the DUI checkpoint program.

DUI checkpoints are considered important to assist with the need to prevent injuries as well as deaths which result from drunk driving. This need for protection outweighs the minimal intrusion on driver privacy that a driver experiences during a checkpoint.

During a DUI checkpoint, certain needs are being addressed. A DUI checkpoint does not leave the choice of which vehicles are stopped at the discretion of the law enforcement officer.

In order for a DUI checkpoint not to violate the 4th Amendment, all vehicles must be stopped.

What is a DUI Sobriety Checkpoint?

DUI sobriety checkpoints, or roadblocks, are public areas where law enforcement officers are permitted to detain drivers in order to determine whether or not they are intoxicated. A sobriety checkpoint is typically conducted on a heavily trafficked public road and during hours when a motorist is more likely to be driving drunk, such as after midnight or during holidays.

In contrast to a regular traffic stop, law enforcement is not required to have reasonable suspicion to stop or question a suspect at a sobriety checkpoint. While a driver is in their vehicle, law enforcement will look for signs that the individual may be intoxicated.

For example, the law enforcement officer may take note of certain issues, including:

  • Slurred speech;
  • The smell of alcohol; or
  • Uncoordinated physical movements.

If a driver appears to be intoxicated, they may be subject to field sobriety tests for further evaluation.

What is the Purpose of a DUI Checkpoint?

The purpose of DUI checkpoints are to permit law enforcement to screen drivers and to perform sobriety tests on drivers who they suspect may be driving under the influence. Law enforcement officers may check for signs including the odor of alcohol emanating from the driver or vehicle and other indicators of intoxication.

As previously noted, law enforcement is not required to have reasonable suspicion to stop a vehicle during a DUI checkpoint. Although DUI checkpoints focus mainly on drunk driving, they may also serve other purposes, including:

  • Enforcing various roadway safety measures, including:
    • headlights;
    • seatbelts; and
    • other vehicle requirements;
  • Checking for valid licenses and registrations; and
  • The enforcement of security measures at a state or international border location.

When is a Sobriety Checkpoint Considered Legal?

A sobriety checkpoint is generally permitted pursuant to the 4th Amendment of the Constitution. These checkpoints, however, must be conducted in a manner which is neutral and non-arbitrary.

Although sobriety checkpoints are generally permitted under the 4th Amendment, they are required to be conducted in a manner which is neutral and non-arbitrary. The degree of intrusion on a motorist must be limited and the stop must be motivated by an important government purpose.

A sobriety checkpoint may be legally conducted for the following important government purposes:

  • Preventing and deterring drunk driving;
  • Checking an individual’s driver’s license and vehicle registration;
  • Enforcing highway safety measures, such as seatbelt or headlight requirements; and
  • Policing an international or state border.

Therefore, the main purpose of a roadblock sobriety checkpoint is to maintain highway safety and to apprehend or detain a drunk driver.

When is a Sobriety Checkpoint Unconstitutional?

If a driver claims that a sobriety checkpoint was conducted improperly, a court will examine several factors in order to determine the validity of the roadblock. Factors which may render a sobriety checkpoint invalid include:

  • The checkpoint was used to search for evidence of other criminal offenses without a warrant;
  • The checkpoint was not conducted according to neutral guidelines;
  • Cars are not stopped randomly or are selected by officers in a biased manner;
  • The roadblock was not clearly marked as a sobriety checkpoint;
  • The roadblock caused an unreasonable delay or detention for the drivers;
  • Advance notice was not given to the public; or
  • Safety conditions were disregarded.

One of the most common concerns regarding sobriety checkpoints is searching for evidence of other criminal offenses, like drug or firearm crimes. A law enforcement officer may not use a sobriety checkpoint as a pretext to conduct a warrantless search for evidence of another crime.

Evidence which is illegally obtained during a sobriety checkpoint cannot be used as evidence in court. There are some states that prohibit roadblocks and require law enforcement officers to have reasonable suspicion prior to stopping any vehicle.

Can I Refuse a DUI Test at Random Checkpoint?

Generally, an individual has the right to refuse to take a sobriety test at a random DUI checkpoint. It is important to note, however, that there are consequences for refusing these tests.

The consequences may apply even if an individual is later found not guilty of driving under the influence. In addition, there are consequences which may be imposed by the Department of Motor Vehicles (DMV).

These consequences may be both complex and time consuming. Every state has different laws governing DUI checkpoints.

For example, the DUI checkpoint laws in Texas may vary greatly from those in Florida.

Should I Ask for a Lawyer if I am Arrested at a DUI Checkpoint?

If law enforcement has reasonable suspicion that an individual was driving under the influence, they will arrest the individual and transport them to the law enforcement station or to the hospital for blood, breath, or urine alcohol tests. Upon arresting a driver, law enforcement is required to read them their Miranda rights.

These rights remind the individual that they are not required to make any statements which may be used against them. It is important to be aware that, at this point, an individual may request to speak to their attorney.

Depending on the state which the individual resides in, they may be able to meet with their attorney immediately. In certain cases, the individual may be required to wait to speak with their attorney until after they take or refuse to take a chemical test.

Whether or not a DUI checkpoint or traffic stop is deemed legal as well as other issues related to the individual’s detainment will vary depending upon the state. If an individual consults with their attorney as soon as possible, it will help protect their rights as well as help them to prepare a successful defense.

A charge of driving under the influence is very serious. This type of charge may impact the individual’s:

  • Criminal record;
  • Their ability to operate a motor vehicle in the future; and
  • Future employment prospects.

In addition to these consequences, it may result in jail time.

Do I Need a Lawyer for Issues Regarding a Sobriety Checkpoint?

It is important for a driver to follow all instructions and to conduct themselves in a cooperative manner during a sobriety checkpoint. You may want to consult with an attorney if you believe that the sobriety checkpoint was improperly conducted.

Sobriety checkpoints are a relatively recent addition to the law. Because of this, every state may have differing guidelines that govern roadblocks.

If you have any issues, questions, or concerns related to a DUI checkpoint, it may be helpful to consult with a DUI/DWI lawyer who can explain your individual state’s DUI laws.

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