Are DUI Checkpoints Unconstitutional?

In 1990, the U.S. Supreme Court determined that, despite their “intrusion on individual liberties,” being stopped in a DUI checkpoint does not violate a person’s Fourth Amendment’s protection from unreasonable searches and seizures. Despite this ruling, drivers continue to challenge the legality of DUI checkpoints, asking one very persistent question: are DUI checkpoints unconstitutional?

Prior to the 1990 ruling, several Michigan drivers filed suit against the state after being arrested in a DUI roadblock. The drivers argued that, because they were stopped without reason, their arrests clearly violated the Fourth Amendment and was therefore unconstitutional. After reviewing the case, the Michigan State Supreme Court agreed with the drivers and ruled in their favor—but that changed once the case was brought before the U.S. Supreme Court.

In a split ruling, the federal court overruled the Michigan Court’s decision and determined that DUI checkpoints were, indeed, legal under federal law. Despite finding that roadblocks did meet the Fourth Amendment’s definition of an unreasonable seizure, the court found that, due to the threat a drunk driver imposes on other motorists, they were a necessary means of protection.

However, as several dissenting judges pointed out, the Constitution doesn’t make room for exceptions and, whether beneficial or not, DUI checkpoints are a clear violation of the Fourth Amendment, forcing drivers to participate in “suspicionless investigatory seizures.”

Ultimately, the U.S. Supreme Court decided to leave it up to each state to determine whether law officers could use DUI checkpoints to apprehend suspected drunk drivers. Following this ruling, eleven states passed laws to prohibit roadblocks, while the remaining 39 states continued to allow them.

So what does that mean for you? Well, if you are lucky enough to live in one of the states where roadblocks aren’t allowed (Alaska, Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming), you have nothing to worry about. The rest of us, meanwhile, should take certain precautions to reduce the chances of being arrested during a DUI checkpoint—such as avoiding making incriminating statements about earlier activities or admitting to drinking alcohol, for example.

If you were recently arrested for DUI after being stopped at a DUI checkpoint, it is important to obtain legal representation immediately. In many cases, an experienced DUI defense attorney may be able to challenge the constitutionality of your arrest and get your charges dismissed.

States and Cities:
AK	Alaska, Anchorage	LA	Louisiana, New Orleans	OH	Ohio, Cincinnati
AL	Alabama, Montgomery	MA	Massachusetts, Boston	OK	Oklahoma, Tulsa
AR	Arkansas, Little Rock	MD	Maryland, Baltimore	OR	Oregon, Portland
AZ	Arizona, Phoenix	ME	Maine, Portland	PA	Pennsylvania, Philadelphia
CA	California, Los Angeles	MI	Michigan, Detroit	RI	Rhode Island, Providence
CO	Colorado, Denver	MN	Minnesota, Duluth	SC	South Carolina, Charleston
CT	Connecticut, Hartford	MO	Missouri, Branson	SD	South Dakota, Sioux Falls
DE	Delaware, Wilmington	MS	Mississippi, Jackson	TN	Tennessee, Nashville
FL	Florida, Orlando	MT	Montana, Bozeman	TX	Texas, Houston
GA	Georgia, Atlanta	NC	North Carolina, Charoltte	UT	Utah, Salt Lake City
HI	Hawaii, Honolulu	ND	North Dakota, Fargo	VT	Vermont, Burlington
IA	Iowa, Des Moines	NE	Nebraska, Omaha	VA	Virginia, Richmond
ID	Idaho, Boise	NH	New Hampshire, Portsmouth	WA	Washington, Seattle
IL	Illinois, Chicago	NJ	New Jersey, Newark	WI	Wisconsin, Milwaukee
IN	Indiana, Indianapolis	NM	New Mexico, Albuquerque	WV	West Virginia, Charleston
KS	Kansas, Kansas City	NV	Nevada, Las Vegas	WY	Wyoming, Cheyenne
KY	Kentucky, Lexington	NY	New York, New York	DC	Washington DC