| In many states across the nation, police officers set up | | | | describing the place to be searched, and the persons |
| DUI checkpoints in order to catch intoxicated drivers | | | | or things to be seized." |
| off-guard. Also referred to as "sobriety checkpoints," | | | | The fourth amendment thus protects people from |
| they are usually set up between 9pm and 2am in | | | | being stopped without probable cause that they have |
| areas where drunk driving is commonly reported. At | | | | committed a crime or without a search warrant. |
| these checkpoints, all drivers on the road must slow | | | | Therefore, the constitutionality of the sobriety |
| down and stop as an officer asks about their drinking | | | | checkpoints was contested in Michigan v. Sitz (1990). |
| earlier on in the evening. Sometimes not all cars are | | | | The supreme court ruled in a split decision that DUI |
| stopped, but rather every few vehicles or only those | | | | checkpoints were constitutional, even though they |
| drivers of whom the officer has reasonable suspicion | | | | violate individual protected freedoms under the fourth |
| of drunk driving. In addition, sometimes officers may | | | | amendment, because they are necessary to stop |
| stop any car that turns around and heads the opposite | | | | drunk driving and are effective at preventing it. |
| direction when the driver sees the checkpoint ahead. | | | | However, dissenting judges argued that research |
| These checkpoints are part of a larger law | | | | shows that sobriety checkpoints are ineffective and |
| enforcement strategy to fight against drunk driving. | | | | may even have negative effects. |
| The checkpoints exist in order to make the public feel | | | | Despite the court ruling that DUI checkpoints are |
| that the likelihood of being caught while driving under | | | | constitutional, many states have had a variety of |
| the influence is very high, and thus deter them from | | | | different court cases challenge the legality of DUI |
| doing so. | | | | checkpoints under their respective state constitutions. |
| DUI checkpoints bring into question the fourth | | | | Rhode Island is one of these states. Although many |
| amendment of the United States Constitution, which | | | | states have upheld the checkpoints under state law, |
| states that: | | | | because of the 1989 court case Primental v. Rhode |
| "The right of the people to be secure in their persons, | | | | Island, DUI checkpoints are considered unconstitutional |
| houses, papers, and effects, against unreasonable | | | | in Rhode Island. |
| searches and seizures, shall not be violated, and no | | | | For more information about drunk driving laws in |
| Warrants shall issue, but upon probable cause, | | | | Rhode Island, visit the website of Rhode Island drunk |
| supported by Oath or affirmation, and particularly | | | | driving defense lawyer James Powderly. |