Most people are familiar with sobriety checkpoints – sometimes known as DUI checkpoints. We’ll be seeing more of them now that football season has started, with the holidays not far behind.
The U.S. Supreme Court (SCOTUS) has ruled that they’re legal and not a violation of Americans’ Fourth Amendment protection against illegal searches and seizures. However, to meet that criteria, they must be carried out in a neutral manner. For example, police can stop every fifth vehicle that goes through the checkpoint. However, they cannot choose which ones to stop based on any kind of “profiling” – for example, based on the type of vehicle, who’s driving it or how many people are in it.
Not all states allow sobriety checkpoints. However, even in states where they’re considered illegal, they can be established to check for valid driver’s licenses and things like that as long as they follow the guidelines established by SCOTUS. Of course, such checkpoints still give officers an opportunity to catch drivers impaired by alcohol and/or drugs.
Requirements of a valid checkpoint
Here in Colorado, sobriety checkpoints are legal as long as they meet certain criteria. For example, they must be made public in advance, and signs notifying drivers of an upcoming checkpoint must be posted far enough ahead that drivers can turn around and avoid them. If officers suspect drunk driving as they’re asking the drivers routine questions, they have the right to direct them to get out of their car for sobriety testing.
Last month, the CSP conducted a large checkpoint operation near the Blackhawk casinos. Out of thousands of drivers, six were arrested.
It can be difficult to remember just what your rights are under the stress of being pulled over at a checkpoint – particularly if you’re placed under arrest. That’s why it’s critical to ensure that the stop and the arrest were properly and legally conducted. If you’re facing these circumstances, it’s smart to get legal guidance as early as possible to protect your rights and determine how to proceed.