By: LawInfo

Published: 10/2008

Sobriety checkpoints are legal in many states. Each jurisdiction has its own way of conducting sobriety checks on drivers of motor vehicles. However, they all have the same public safety goal of trying to prevent drunk driving. 

Many jurisdictions set up checkpoints late at night and on the weekends when they believe that the greatest number of drunk drivers will be on the roads.  Some jurisdictions stop cars at predetermined intervals.  For example, every 8th car that drives by will be stopped and the driver will be asked to take a breathalyzer test or a battery of mental and physical exercises to determine whether the driver is intoxicated.  Other jurisdictions test every driver that passes the checkpoint with a fast breathalyzer test. 

Which Constitutional Rights Are At Issue?

The authorities need to weigh the important public safety need to prevent drunk driving with the constitutional rights of the individual to not be searched without reasonable suspicion and to be free from self incrimination.

Do Sobriety Checkpoints Violate the Driver’s Constitutional Rights?

The United States Supreme Court has found that sobriety checkpoints can be constitutional if they meet certain requirements.  The Court has found that the state interest in reducing drunk driving outweighs the minor infringement on a driver’s constitutional rights. 

In order for the checkpoints to be constitutional there must be clear guidelines that are carefully followed by the legal authorities.  The U.S. Supreme Court has left it up to each individual state to develop these guidelines.  In California, for example, the state supreme court has held that the decisions about where to set up sobriety checkpoints and about which cars to stop (i.e. every car, every sixth car, etc) must be made by supervisors prior to officers setting up the checkpoints.  The sites selected should be in areas that have a high incidence of drunk driving.  Further, the site should be publicized and the length of each stop should be minimized, in addition to other requirements that the court developed to protect the rights of each driver as well as the general public.

The U.S. Supreme Court had dissenting opinions that disagree with the ruling that sobriety checkpoints can be constitutional.  Likewise, several states including Michigan and Texas have found that sobriety checkpoints violate their state constitutions.

Do You Have to Comply with Sobriety Checkpoints?

If the police ask you to stop your car at a sobriety checkpoint, or anywhere else, then you must comply.  However, some states, such as Connecticut, have found that drivers do not have to answer questions such as, “Have you been drinking?” because to force drivers to do so would violate their Fifth Amendment constitutional right against self incrimination.  Similarly, a driver might not have to comply with a field sobriety test (FST).  However, in Connecticut and other states, the driver would have to comply with the request to take a breathalyzer test since, by law, drivers licenses are conditioned upon drivers’ cooperation with taking a breathalyzer test when requested by law enforcement. 

Drunk driving continues to be a serious public safety problem on America’s roads and highways.  Sobriety checkpoints are meant to minimize the danger of drunk driving by catching people who commit this crime and by deterring others from driving while under the influence of alcohol.  Therefore, it is important to know whether these types of checkpoints are legal in your state and what your rights are if you are stopped at a sobriety checkpoint.

For more information on sobriety checkpoints,  contact a DUI attorney today.

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