DUI Checkpoints

In many states, police officers set up sobriety checkpoints, or DUI checkpoints, in an attempt to catch drunk drivers. At these checkpoints, usually set up between the hours of 9pm and 2am and in areas where drunk driving stops are prominent, all drivers must slow down and speak with an officer about their drinking activity earlier in the evening. Generally, not all cars are stopped at DUI checkpoints; sometimes only every few cars are stopped, or those vehicles which the officer has reason to suspect are being operated under the influence of alcohol. In addition, in some cases a police officer may stop a vehicle that turns around and drives in the opposite direction upon sight of a checkpoint.

The idea behind the checkpoints is to fight against drunk driving by making the public feel an increased likelihood of being caught driving while intoxicated and therefore refrain from doing so. However, the constitutionality of the checkpoints under the Fourth Amendment has been brought into question, since the Fourth Amendment protects people from unwarranted searches or searches without probable cause.

In the case Michigan Dept. of State Police v. Sitz, the US Supreme Court ruled that DUI checkpoints are constitutional because they are necessary and effective at preventing drunk driving, even though there is some evidence that shows the checkpoints to be ineffective.

Regardless, states retain the final authority to declare the checkpoints constitutional under their respective state constitutions. In the state of Rhode Island, DUI checkpoints are illegal under the state constitution. For now, Rhode Island drivers are not subject to routine vehicle searches at any sort of sobriety checkpoint.

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If you have been charged with a DUI, Rhode Island DUI defense attorney James Powderly can fight to protect your rights. Contact his offices today at 401-662-9006.