Because a DWI checkpoint is a common tool used by the police, no one really thinks about the Constitutional aspects. However, under usual circumstances, the police must have a reasonable suspicion before pulling over a vehicle. For example, a person is speeding or driving erratically. Consequently, the officer would have a good reason to pull the vehicle over. On the other hand, a person not breaking any laws should not be stopped under the law. Hence, a DWI checkpoint is different. But how?
DWI Checkpoint Difference
First of all, with a proper DWI checkpoint, there is no reason needed to stop cars. Instead, there must be a place in place that determines which drivers to stop. For example, the police may choose to stop every car or every other driver. Rather, there cannot be any targeted stops or searches such as profiling drivers (i.e., racial profiling). However, other than this restriction, the rules are fairly broad. So how do we allow such otherwise baseless stops? Well, we appear willing to give up many of our rights these days in the interest of “public safety.” But once gone, a right can be hard to get back.
Improper DWI Checkpoint
Perhaps the best example of what not to do was a DWI checkpoint case in another county. Here, the testifying officer was candid and forthcoming on the stand. Although it was a “license check,” the real reason was trying to catch “anyone breaking the law.” As a result, there were multiple officers present, including a K-9 team. As cars would drive up, there were officers looking into both sides, front and back. While they certainly checked the driver’s license, they were also looking for anything suspicious. Not surprisingly, it was a successful night. However, this is not a proper DWI checkpoint under our laws.
Proper DWI Checkpoint
Rather than the scenario above, a proper DWI checkpoint looks something like this. First, there is a certified plan, and the police follow the plan. In addition, random stops occur, and the interaction with police is brief. However, if an officer sees or smells something suspicious, there can be additional interaction and investigation. Hence, the police follow the law while still maintaining our Constitutional protections. And that’s what a proper DWI checkpoint looks like.