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Understanding DUI/Sobriety Checkpoints

You may have heard about DUI checkpoints, but did you know that they've caused controversy in many states because of their questionable constitutionality and their dismal arrest rates? Read on for the full scoop on DUI checkpoints, according to the National Highway Traffic Safety Administration.

  • Who: Police officers conduct DUI checkpoints.
  • What: A DUI checkpoint is a form of anti-drunk driving enforcement.
  • When: DUI checkpoints are usually scheduled for when higher volumes of impaired drivers are expected (such as on weekends or holidays).
  • Where: DUI checkpoints occur in all but 11 states.
  • Why: DUI checkpoints are designed to raise public awareness about the dangers of impaired driving and to detect and apprehend impaired drivers.
  • How: Police officers stop every vehicle or every predetermined number of drivers (for example, every third or fourth driver) and examine drivers for signs of impairment.

Controversy over DUI/Sobriety Checkpoints

If you read the above and thought to yourself, "Doesn't that violate my Fourth Amendment rights?" you're not alone. In fact, the opponents of DUI checkpoints have cited the Fourth Amendment's protection against unreasonable search and seizure – that is, searches and seizures that occur without probable cause – to support the argument that DUI checkpoints are unconstitutional.

In 1990, the Supreme Court ruled that the infringement of Fourth Amendment rights caused by DUI checkpoints is overshadowed by the potential public benefit of getting dangerous, impaired drivers off the road. But the Court added that DUI checkpoints must follow certain guidelines in order to remain legal. Generally these guidelines include the following.

  • Decisions about conducting DUI checkpoints must be made by supervisors, not arresting officers.
  • Vehicles must be stopped only according to a pre-set formula (every third or fourth car as an example).
  • Public safety and officer safety are of primary importance.
  • The location of the DUI checkpoint must be selected by policymakers, based on drunk driving statistics (some states require material proof of such statistics).
  • The duration of the DUI checkpoint must be limited based on concerns of effectiveness and intrusiveness.
  • Clearly visible warning lights and signs must be displayed alerting drivers about the DUI checkpoint.
  • Drivers must be detained for the minimum amount of time possible.
  • Advance publication of the place and time of the DUI checkpoint is required to increase its deterrent effect and minimize its intrusiveness.

Every state that allows DUI checkpoints must determine which regulations apply. But the following states have ruled that, even with the above regulations, DUI checkpoints remain unconstitutional:

(In)Effectiveness of DUI/Sobriety Checkpoints

Though Mothers Against Drunk Driving (MADD) promotes DUI checkpoints as an effective preventative measure to curb the occurrence of driving under the influence, various studies have shown that DUI checkpoints are much less effective than other police methods.

According to a report in the Arizona Daily Star, the high cost of DUI checkpoints is unjustified by the low arrest rate. Consider these statistics, which were discovered by an investigation conducted by the Star.

  • Between 2005 and 2007, more than 46,000 drivers were stopped at DUI checkpoints. Less than 1% of these were arrested, and fewer than half of those were convicted of DUI.
  • On July 4th, 2007, a DUI checkpoint arrested less than .1% of the more than 1,239 drivers who passed through the checkpoint.
  • Statistics show that DUI arrest and conviction rates have shown no decrease since 2005, when officers began handing out educational anti-DUI pamphlets to every driver stopped. This suggests that the educational benefits of DUI checkpoints are minimal, if they exist at all.
  • Conviction rates for DUI checkpoint arrests tend to be lower than those for regular DUI arrests, partly because DUI lawyers often effectively challenge the constitutionality of DUI checkpoint arrests.

If you were arrested at a DUI checkpoint, you should consult with a DUI lawyer in your area to determine whether or not your arrest was constitutional. To get in touch with a local DUI lawyer as soon as possible, simply fill out our free DUI case evaluation form or call 1 (877) 349-1311.

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