DUI Checkpoints: What You Need to Know
Sobriety checkpoints are generally set up in areas with a higher than usual
volume of drunk drivers or drunk driving crashes. During a roadblock,
drivers are briefly detained and quickly interviewed by police officers.
Suspicious drivers are then subjected to field sobriety tests and in some
Are sobriety checkpoints unconstitutional? While the Constitution requires
that the police have probable cause before stopping a vehicle, the U.S.
Supreme Court ruled that the dangers of drunk driving are so great, that
sobriety checkpoints are an exception to the search and seizure provisions
covered in the Constitution.
The National Highway Traffic Safety Administration (NHTSA) has gone so
far as to issue guidelines for coordinating sobriety checkpoints, some
of which include:
- Checkpoints should include prosecutors during planning to ensure they are
- Sobriety checkpoints cannot be set up so they create a traffic safety hazard.
- The officers should safely warn approaching motorists of the roadblock.
- To benefit from its deterrent effect, sobriety checkpoints should be aggressively
Contact the Brown Law Offices today!
Just because you were arrested for DUI, it does not mean that your arrest
will lead to a conviction. Act now, and contact the
Brown Law Offices for DUI defense representation. As former prosecutors who practice state
and federal criminal defense, we know the states DUI laws inside and out
and stand ready to defend you!