A sobriety or DWI checkpoint refers to locations where law enforcement specifically stop vehicles to check drivers for signs of intoxication. Often times, police set up these checkpoints on busy highways during holidays, such as the Fourth of July or New Year's Eve.
Since checkpoints also stop drivers who aren't under the influence, over the years many individuals have questioned whether checkpoints constitute unreasonable search and seizure. The Supreme Court took up the issue in 1990 and determined that checkpoints are, in fact, legal and justified to reduce drunk driving. More legal challenges arose however and, in the end, the U.S. Supreme Court decided to largely leave it up to each state to determine whether officers could use DUI/DWI roadblocks.
Today, at least 11 states do not currently conduct sobriety checkpoints or roadblocks. Here's a look at which states conduct DUI/DWI checkpoints and which do not:
|
State |
Checkpoints Conducted |
|
Alabama |
Yes |
|
Alaska |
No |
|
Arizona |
Yes |
|
Arkansas |
Yes |
|
California |
Yes |
|
Colorado |
Yes |
|
Connecticut |
Yes |
|
Delaware |
Yes |
|
Florida |
Yes |
|
Georgia |
Yes |
|
Hawaii |
Yes |
|
Idaho |
No |
|
Illinois |
Yes |
|
Indiana |
Yes |
|
Iowa |
No |
|
Kansas |
Yes |
|
Kentucky |
Yes |
|
Louisiana |
Yes |
|
Maine |
Yes |
|
Maryland |
Yes |
|
Massachusetts |
Yes |
|
Michigan |
No |
|
Minnesota |
No |
|
Mississippi |
Yes |
|
Missouri |
Yes |
|
Montana |
Yes |
|
Nebraska |
Yes |
|
Nevada |
Yes |
|
New Hampshire |
Yes |
|
New Jersey |
Yes |
|
New Mexico |
Yes |
|
New York |
Yes |
|
North Carolina |
Yes |
|
North Dakota |
Yes |
|
Ohio |
Yes |
|
Oklahoma |
Yes |
|
Oregon |
No |
|
Pennsylvania |
Yes |
|
Rhode Island |
No |
|
South Carolina |
Yes |
|
South Dakota |
Yes |
|
Tennessee |
Yes |
|
Texas |
No |
|
Utah |
Yes |
|
Vermont |
Yes |
|
Virginia |
Yes |
|
Washington |
No |
|
West Virginia |
Yes |
|
Wisconsin |
No |
|
Wyoming |
No |
Source: http://www.iihs.org/iihs/topics/laws/checkpoints
Attorney Benson Varghese is the founder and managing partner of Varghese Summersett PLLC, the largest criminal defense firm in Fort Worth, Texas. Benson is an experienced Fort Worth DWI lawyer who has extensive experience handling alcohol-related charges, including DWI, intoxication assault and intoxication manslaughter. ...