Constitutional Rights Suspended to Allow DUI Checkpoints
By Jim Greene
Published on February 16, 2010
If the Fourth Amendment to the Constitution forbids "unreasonable searches and seizures," how is it that law enforcement agencies can set up DUI (sobriety) checkpoints? According to a 1990 U.S. Supreme Court ruling, the benefit of the checkpoints to the public welfare outweighs the temporary suspension of constitutional rights.
If you've never seen a DUI checkpoint, it may be because you live in one of fewer than a dozen states that disagree with the U.S. Supreme Court, or because some jurisdictions try to tread only lightly on constitutional rights by setting up checkpoints only at times and places with a significant record of DUI arrests or accidents.
Ten States Prohibit DUI Checkpoints
Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming have prohibited DUI checkpoints, on the grounds that lack of probable cause makes them a form of unreasonable search. Alaska and Montana have not specifically prohibited them, but do not use them.
Some communities and interest groups in states without DUI checkpoints have lobbied in favor of changing state law to allow them, as does Mothers Against Drunk Driving. Groups in states with DUI checkpoints have lobbied for their abolition, in some cases claiming the checkpoints give law enforcement the opportunity to cite drivers for offenses for which checkpoints are not allowed, such as seatbelt violations, license violations, and lack of insurance coverage.
Checkpoints Must Follow Correct Procedures
If you've been arrested at a DUI checkpoint, contact an experienced attorney right away. While your state may support the constitutionality of checkpoints, very specific procedures have been established for their operation, to keep them from deviating too far from standards of reasonable search and probable cause. If procedures were not followed correctly, you may have grounds to fight your arrest.
If you are convicted, the possible fines, jail time, loss of work, and other costs can be financially devastating. Your attorney will fight to see that you received only just punishment.
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