Is it legal for police to post checkpoints for drunk drivers?

Walter J

Yes it is legal as long as certain guidelines are followed...everyone that comes to that checkpoint has to be tested or checked...they cannot let one go, otherwise it is not legal...or they have to establish the criteria for further testing...no license, stutter, smell, what ever...they have to follow the same criteria for each person that comes to that checkpoint.

tonalc1

Yes, but not in all states.

In 1990, the U.S. Supreme Court upheld the constitutionality of sobriety checkpoints in Michigan v. Sitz. If conducted properly, sobriety checkpoints do not constitute illegal search and seizure in most states.

Thirty-nine states, plus the District of Columbia, can legally conduct sobriety checkpoints. The use of sobriety checkpoints as a deterrent is restricted or prohibited in the following states: Alaska, Idaho, Louisiana, Michigan, Minnesota, Oregon, Rhode Island, Texas, Wisconsin, Washington and Wyoming.

Eagle

Yes it is perfectly legal for police to post checkpoints for drunk drivers. They have to check to make sure you have a license, registration, and proof of ins. (if required in your state). and they cannot make every person stop and take a breathalyzer. The only way they can make you take a breathalyzer is if they can smell alcohol from your vehicle, because then they have probable cause to make you pull over and do a field sobriety test and breathalyzer.

Michelle O

Sure it's legal

I'm_Bored

Sure, why not?

bobby-bob

YES,
IT'S DONE EVERY DAY.....
EVERY WHERE.....
WHERE HAVE U BEEN???????????

Mustang Gal

Yes, it is legal. There are certain rules you have to follow, but it id definitely legal.

Catspaw

Yes. It's been litigated, and there are some caveats, but as long as the police stay within certain parameters, it is legal.

dougavatar

Yes! It is legal.

bobbyj

It really depends on how you interpret the law. Some would say no, that for them to do so is a violation of the idea that any person is innocent until proven guilty, and that you must have probably cause before you can pull a car over. However, in virtually every state int the country police must first obtain a warrent before they can conduct a roadside sobriety test. And in order to get the warrent, they have to prove to a judge that the roadblock will significantly help the public good. That is how cops get away with road blocks, despite the fact that, based on a rationaly examination of the law, they are entirely ilegal.

volleyballchick

Why wouldn't it be legal? The public roads are public property, and there is no expectation of privacy for driving actions. Besides, there is no search of the vehicle, and officers are merely speaking to the drivers of vehicles. If they smell alcohol, then that is probable cause. At that point, they can conduct that small little test.

If you want to gamble and drive after drinking, then you deserve to be caught.

bumpocooper

Yes, they do it constantly so it must be legal.

If there is probable cause for them to believe that people are driving intoxicated in that area, yes they can. in San Antonio they did that in an area well known for DUI drivers. and it was all over the news the next day.

Adam

No, there are these stops posted all over the country.

Don K

It is legal and will be till someone with a lot of money takes the time and spends the cash to change the law.

rem700fl

Yep, we do it all the time. But, there are certain criteria we must follow.

lincolnunit

Do the signs say 'sobriety checkpoint' or 'driver license checkpoint'? A driver license checkpoint is legal, and if you or some other knucklehead turn out to be drunk, then, gee, what's the problem?

commiekazie

Of course its legal you idiot!

mikeysco

Of course it's not legal.

Hundreds of law enforcement agencies all across the country are blatantly violating the law on a regular basis AND advertising it beforehand in the local newspaper. Can you believe the gall?!

Were you serious?

coragryph

Yes, as long as the criteria used for the stop/search is objective and not discretionary.

So, it's OK if they stop every car, or every third car, or every car with only one person, or some other objectively definable criteria.

It's not considered a constitutional violation because it falls within the scope of reasonable efforts to apprehend drunk driving, and the standard for temporary traffic stops is reasonableness, not the higher standard of probable cause required for most arrests.

HK3738

frenchy62

Sure it is --- and the more the better, as far as I'm concerned. There have been way too many innocent people killed by those jacka$$es.

go UCLA bruins!

Yeah, they do them a lot. Have you been in an isolated tank your whole life?

Gitchy gitchy ya ya da da

The legal standard is that driving is a privilege, not a right. I personally disagree with the idea, it stinks too much of demanding that people prove their innocence, but the courts have made it clear that it's OK.

theskullknows

yup

Shelley R

Yes it is--and I don't mind a bit. I don't want to be killed or have someone I love killed by a drunk on the road.

JenJen

Yes it is.

NIPSÂ®

It is in INDIANA.. but they can only check for drunkeness. And.... they must pick a pattern and follow it from the start to the end of the roadblock. (ie..... take 2 cars, let 2 pass, take 2 cars, let 2 pass) They cannot take every car. Random Sobriety Checkpoints!

cremedelacreme

No they also use these checkpoints to train the rookies...

mom of 2

If there is not there should be. In fact there should be one every mile if that is what it takes to get the idiots off of the road.

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