DUI Checkpoints: Understand the Law and Your Legal Rights

States have struggled with preventing drunk driving for as long as there has been alcohol and motor vehicles. DUI checkpoints have been one of the many methods used. The hope is that going through a checkpoint or the thought of going through one will encourage people to think twice about drinking and driving.

However, law enforcement officers cannot set sobriety checkpoints whenever and however they like. Police officers must follow strict guidelines while respecting your rights.

What Are DUI-DWI Checkpoints? 

To implement a DUI checkpoint, law enforcement officers will set up a roadblock in a predetermined location. Officers will screen drivers for signs of impairment as they pass through the checkpoint.

The goal is to increase road safety by discouraging people from operating a motor vehicle while under the influence of alcohol or drugs. If the officers have probable cause to suspect impaired motorists, they can arrest the individual.

Are DUI Checkpoints Legal?

There is some controversy surrounding DUI or sobriety checkpoints. On a federal level, they are legal. In Michigan Dept. of State Police v. Sitz (1990), the Supreme Court determined that DUI checkpoints are legal. They do not violate the Fourth Amendment in the U.S. Constitution because they are brief enough to not be overly intrusive. The states are also interested in keeping their citizens safe from drunk drivers. When done correctly, a checkpoint is a reasonable tool to use.

However, federal legality does not mean they are legal and done in all states.

Do All States Use DUI-DWI Checkpoints?

No, 38 states currently use DUI checkpoints. Twelve states do not currently use DUI checkpoint stops. Alaska and Montana do not use them. However, Montana uses other types of safety roadblocks where you could get a DUI. Idaho, Iowa, and Minnesota deemed them not legal through case law.

Michigan, Oregon, Rhode Island, and Washington have deemed DUI checkpoints illegal under their respective state constitutions. Texas is the only state that determined DUI checkpoints are not legal through its own interpretation of U.S. Constitutional rights. Wisconsin and Wyoming passed state statutes that make DUI checkpoints not legal.

Of the states that use DUI checkpoints, three have notable exceptions. New Hampshire, South Carolina, and Utah can only use them with judicial approval.

DUI Checkpoint Requirements and Procedures 

Police officers cannot set up a DUI checkpoint on their own whenever and wherever they feel like it. Instead, checkpoints are coordinated in advance with the entire police department. This is partly because it takes a large number of people to operate them. It is also partly due to the number of regulations and restrictions they must comply with. If law enforcement fails to follow these requirements, a DUI defense attorney could successfully argue that the checkpoint was not legal.

Each state has its own rules about how to operate DUI checkpoints legally. During the checkpoint, the officers must have a neutral method for selecting which cars to question. They cannot stop every vehicle. The checkpoint needs plenty of lights and warning signs to increase everyone’s safety. Officers and their vehicles must be clearly identifiable. Finally, the process must be efficient to minimize the detainment of drivers.

Notification Requirements

While the specific rules can vary, checkpoints generally must be planned in advance by supervising law enforcement officials. They may need to justify the purpose of the checkpoint, which is why you see them more often during major events and holidays.

The time and location of the checkpoint must be announced in advance to give the public notice of the DUI checkpoint taking place. It cannot be a never-ending checkpoint and must take place during a reasonable time.

Sobriety Testing

Many states require officers to have a written guideline for the neutral driver selection process. The intent is to prevent discriminatory behavior, intentional or not. Once selected, officers will speak with the driver and observe their behavior. If they have a reasonable suspicion that the driver may be under the influence of alcohol or something else, they can request you participate in additional testing. This could include field sobriety tests, breathalyzer tests, or chemical tests. If the officer determines you failed these additional tests, they will arrest you for DUI.

Robert Reiff, a criminal defense attorney in Miami, Florida, speaks to how these tests can vary and open the door to possible defenses. “If the officer believes that you didn’t perform them well, and quite frankly, most people can’t, they will arrest you. For many people, they are asking drivers to do things that they have probably never done before.”

Arrest Procedures

A DUI arrest at a checkpoint works similar to an independent traffic stop. The motorist will be read their Miranda Rights and be handcuffed. Law enforcement agencies will then arrange for the arrested individuals to be transported to a facility. The vehicle will get towed to an impound lot.

Penalties for Avoiding or Refusing to Participate in a DUI Checkpoint

A common question drivers have is if they can avoid the checkpoint. The answer is not a clear one.

You are not legally required or forced to drive through a DUI checkpoint. If you see a checkpoint further down the road, you can perform a legal traffic maneuver that takes you away from the checkpoint. For example, turn onto a side street that takes you in another direction. However, if law enforcement sees you performing an illegal U-turn right before the checkpoint, it could cause them to pull you over. The claim is that you are exhibiting suspicious behavior to avoid the checkpoint.

Your Legal Rights at DUI-DWI Checkpoints

As a U.S. citizen, you have legal rights that law enforcement must abide by. If they fail to, the checkpoint could be considered illegal, and all evidence gathered during it will become inadmissible in court. With that said, you can know your rights and not become combative.

Always be respectful, calm, and polite when interacting with officers. Becoming aggressive and argumentative can create a separate and additional set of problems to the question of your driving under the influence.

Your Right to Remain Silent

You can choose to stay silent and not answer the officer’s questions. However, this will make the entire experience more difficult for the officers and yourself. You will need to answer some questions, such as your name, address, license, insurance, and registration. Refusing to provide this information can create separate additional problems. The Fifth Amendment protects your right against self-incrimination. So you do not have to answer questions that would violate this.

Another option is to find a balance between talking too much and staying totally silent. Answer the officer’s questions with short, direct answers. Do not provide more information than what was asked for.

Right Against Unreasonable Searches and Seizures

One common point of debate is whether a DUI checkpoint is a violation of the Fourth Amendment. Under this amendment, citizens are protected from unlawful search and seizure. States that allow DUI checkpoints generally view them as an administrative inspection, similar to the TSA screening performed at the airport. Law enforcement officers are allowed to run background checks, check driver’s licenses, and perform warrant searches.

However, if the officer has probable cause or reasonable suspicion, they can initiate the DUI investigation. They can also perform further searches if they see incriminating items in plain view in your vehicle, such as an open alcoholic container.

Consent and Implied Consent to DUI Checkpoint Testing

You do not have to agree to the field sobriety tests, breath tests, or other chemical tests during a DUI checkpoint. However, there are consequences for refusal. In many states, it is an automatic suspension of your driver’s license. Having a driver’s license is not a right but a privilege. All states have implied consent laws that you agree to when you get your driver’s license. These laws say that you agree to have your blood alcohol level (BAC) tested when there is probable cause.

Steve Oberman practices DUI defense in Knoxville, Tennessee, for The Oberman and Rice Law Firm. He explains that there are additional consequences for drivers who refuse to participate in testing when the officer has probable cause. “After the officer has probable cause to request that test, generally blood or breath, the court can suspend the driver’s license.”

There are many theories about whether or not you should agree to sobriety testing during a DUI checkpoint or traffic stop. If you are unsure of what to do, speaking with a DUI criminal defense lawyer in your state can provide valuable insight. They will explain your rights, DUI laws, and potential consequences of refusal.

Do Miranda Rights Apply During a Routine Traffic Stop?

Getting stopped during a routine traffic stop or DUI checkpoint is generally not considered a custodial interrogation. You likely are not entitled to a Miranda warning at this point. However, you are entitled to your Miranda Rights warning once you are arrested.

Speak With a DUI Lawyer

If you get stopped in a state that uses DUI checkpoints and find yourself facing DUI charges, a defense attorney can advocate for your rights. They will walk you through the administrative and criminal proceedings following your arrest. An attorney will explain your rights and look for possible defenses. These could include improper checkpoint operational procedures.

Visit the Super Lawyers directory to begin your search for an experienced criminal defense attorney. For more information on these legal issues, see our overviews on DUI/DWI and Miranda Rights.