| What is a DUI Checkpoint? | | | | avoid any bias on the part of the individual officer. |
| A DUI Checkpoint is a tool used by law enforcement | | | | (3) Maintenance of safety conditions: DUI Checkpoints |
| to prevent drunk driving. The goals are two-fold: to | | | | have to be clearly marked with safety cones to |
| stop drunk driving before it starts, and to remove drunk | | | | protect the safety of both the officers and the drivers |
| drivers from the road. By publishing the Checkpoint in | | | | being stopped. The area must also be well lit. |
| the local paper, law enforcement hopes that people | | | | (4) Reasonable location of the checkpoint: Law |
| who drink will simply stay off the road. However, for | | | | enforcement set up a DUI Checkpoints in areas where |
| those who decide to take their chances, the | | | | previous DUI arrests are known to be common. This |
| Checkpoint is designed to identify and remove them | | | | indicates to officers that this is a place where people |
| from the road before an accident can occur. The big | | | | are commonly found to be driving drunk. |
| question many people ask is whether it is legal for law | | | | (5) A reasonable time and duration of the checkpoint: |
| enforcement to conduct a Checkpoint. The answer is | | | | DUI Checkpoints can only last a few hours so that the |
| "yes" as long as the police follow the appropriate | | | | general intrusion on public privacy is protected. |
| procedures. | | | | (6) Roadblock must look official: The roadblock for a |
| What procedures do police have to follow do set up a | | | | DUI Checkpoint must have sufficient signage and |
| DUI Checkpoint? | | | | markings so that there is no question it is an official DUI |
| This question is important because all people have a | | | | Checkpoint as opposed to something makeshift. |
| Constitutional Right to be free from illegal search and | | | | (7) The length and nature of the detention: Once a |
| seizure. Normally, this means an officer must have | | | | person is stopped at a roadblock and asked for their |
| "reasonable suspicion" to make a stop, and "probable | | | | identification, that "detention" must not take any longer |
| cause" to make an arrest. But with DUI Checkpoints, | | | | than necessary for the officer to check the |
| people are stopped even though officers have neither | | | | information requested. If, during that time, the objective |
| of these. So how can they do this without violating the | | | | symptoms of intoxication are not present, the officer |
| Constitution? By following judicially created guidelines to | | | | has to let the person move on. |
| ensure that the Checkpoints are conducted with as | | | | (8) Advance publicity regarding each checkpoint: |
| little intrusion as possible. | | | | Usually, law enforcement must publicize the fact that |
| Generally, there are eight (8) guidelines that law | | | | they are going to conduct a DUI Checkpoint. This helps |
| enforcement must adhere to in order for the DUI | | | | in the "deterrence" aspect of the operation. |
| Checkpoint to be legal. They are as follows: | | | | The foregoing guidelines are just that: guidelines. |
| (1) The decision to set up the Checkpoint must be | | | | However, be aware that if law enforcement neglects |
| made at the supervisory level: This is to ensure that | | | | to do one of them, that does not necessarily mean the |
| some rogue officers do not just decide to set up a | | | | Checkpoint was illegal. That would have to be argued |
| makeshift checkpoint outside a bar to catch some | | | | to the court to see if the omission of one of the |
| unsuspecting people. | | | | guidelines rose to the level of a constitution violation. |
| (2) Limits on discretion of field officers as to who is to | | | | While many might not like these Checkpoints, they are |
| be stopped: If you pay attention, you may notice that | | | | an important tool to identify those who insist on driving |
| at a checkpoint, they usually only stop every 3rd or 4th | | | | drunk. |
| car. The frequency of the stop is predetermined to | | | | |