DUI Checkpoint Laws by State

For years, states have grappled with how to reduce drugged and drunk drivers. In addition to strengthening DUI laws, many states use sobriety checkpoints to decrease the incidence of drunk driving. 

According to the Centers for Disease Control and Prevention (CDC), states that use DUI checkpoints have seen a significant drop in intoxication-related car accidents and fatalities. Some data shows a decrease in DUIs and related incidents within a week of a sobriety checkpoint.

Here, we’ll explain how sobriety checkpoints work and whether they’re legal in your state. We will also discuss the requirements for a lawful DUI checkpoint and what to do if the police arrest you at a checkpoint.

If you’re currently facing DUI charges and aren’t sure what to do, contact a local DUI lawyer. They can explain your options according to state law and protect your rights.

What Is a Sobriety Checkpoint?

A sobriety checkpoint, or DUI checkpoint, is a spot on a public road where law enforcement officers set up a roadblock to screen drivers for signs of impairment. DUI checkpoints help ensure that the public is safe from motorists driving under the influence of alcohol or drugs (DUI).

As cars pass through the checkpoint, law enforcement officers check to see if the person driving the vehicle appears impaired. If so, they can ask the driver to leave the car and submit to a breath or field sobriety test. Unlike a routine traffic stop, the police officer does not need reasonable suspicion to stop a driver at a checkpoint.

If the police officer suspects someone of DWI, they will ask them to submit to field sobriety tests and chemical tests to determine a motorist’s level of impairment. The most common test is a breathalyzer test. However, law enforcement can also administer a blood or urine test after they make an arrest.

Chemical tests determine a person’s blood alcohol content (BAC) to see if it’s over the legal limit. Some of these tests can also test a person for the presence of drugs. A positive chemical test gives the officers probable cause for a DUI arrest.

Drivers can refuse these tests, but there are severe and immediate consequences for not cooperating. Most states have implied consent laws where refusing a chemical test can result in automatic license suspension, regardless of whether you’re ultimately convicted of DUI

Is a DUI Checkpoint Different from Increased Patrols?

DUI checkpoints and roadblocks are different from times of increased police presence, called saturation patrols. Saturation patrols are when police departments increase the number of police vehicles patrolling the streets. These often occur at times when people are more likely to be drinking, like on holiday weekends.

Law enforcement agencies usually have to give notice before conducting a sobriety checkpoint. Drivers can avoid driving in that area or take extra precautions. However, keep in mind that other traffic laws still apply. An illegal U-turn to avoid a checkpoint can give police grounds to stop you.

Are DUI Checkpoints Constitutional?

In most cases, before a police officer makes a traffic stop, they must have a reasonable suspicion that a driver has broken a traffic law. A DUI checkpoint is different. Law enforcement agencies screen all or most vehicles passing through the checkpoint for drunk driving.

Law enforcement must use neutral methods to decide screening criteria, such as every fourth or fifth motor vehicle. They cannot use profiling, such as by ethnicity, age, or make and model of the car.

The Supreme Court Has Established that DUI Checkpoints Are Legal

People have questioned the legality and fairness of DUI checkpoints for decades. However, the U.S. Supreme Court has held that these tools are legal and useful.

In 1986, the State of Michigan established a pilot program for sobriety checkpoints. Shortly thereafter, Sitz filed a lawsuit against the state, arguing that these roadblocks violated their constitutional rights.

Specifically, the plaintiff argued that the Michigan DUI checkpoint violated their Fourth Amendment rights against unlawful search and seizure. The case made it to the U.S. Supreme Court.

In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court held that DUI checkpoints do not violate the Fourth Amendment’s protection against unreasonable search and seizure. However, the Supreme Court ruled that sobriety checkpoints were brief enough not to be overly intrusive.

Furthermore, the court held that states have a great interest in promoting public safety, and Michigan’s use of DUI checkpoints was a reasonable tool in reaching this goal.

State DUI Checkpoint Laws

States can choose whether their law enforcement agencies can use DUI checkpoints to reduce impaired driving. Currently, 12 states either prohibit DUI roadblocks or do not use them. The other 38 states and the District of Columbia allow sobriety checkpoints.

The states that prohibit law enforcement from using DUI checkpoints include:

• Alaska
• Idaho
• Iowa
• Michigan
• Minnesota
• Montana
• Oregon
• Rhode Island
• Texas
• Washington
• Wisconsin
• Wyoming

Some of these states rely on state law to justify the prohibition of DUI checkpoints. Others interpret the U.S. Constitution or state constitutions to block the use of sobriety checkpoints. For instance, Texas prohibits checkpoints based on protections under the U.S. Constitution and drivers’ constitutional rights.

Interestingly, while the U.S. Supreme Court ruled that sobriety checkpoints are legal in Michigan, lawmakers ultimately decided that the state constitution prohibits the use of DUI roadblocks.

The following chart summarizes the DUI checkpoint laws in those states that allow law enforcement to use this tool to intercept impaired drivers.

Keep in mind that state laws change frequently through new legislation, court decisions, and ballot measures. While FindLaw strives to provide readers with the most current information, consult a local DUI attorney to confirm your state laws.

Contact a DUI Defense Attorney for More Information

A DUI conviction carries severe penalties. You could face a driver’s license suspension, fines, and a possible jail sentence. If you are facing DUI charges due to a sobriety checkpoint, it’s a good idea to talk to a local DUI attorney.

DUI cases present unique challenges, and cases involving DUI checkpoints can be even more complex. Finding a qualified criminal defense lawyer can mean the difference between winning your case and serving a harsh DUI sentence.