DUI checkpoints can throw your Saturday night for a loop, especially if you’re drinking and driving. However, it’s important to understand that there is a certain type of police conduct that is expected when conducting checks. There are state and national pre-approved guidelines and procedure. So, what are they? And how do I know if I was subject to a wrongful stop?
Proper DUI Checkpoints Police Conduct: Making Lawful Stops
Cars must be ‘predictably stopped’
This means that the officers can’t randomly stop vehicles. They must stop cars in an identifiable, neutral pattern. This essentially means that discrimination should play no role in the stop. Instead, every person on that road way must be subject to check. It does not matter if it’s a minivan or a bright red Camaro… Usually, officers follow a formula such as “every fourth car”.
Brief stop
The stops cannot take a long time. Police are stopping the flow of traffic, often for a couple hours. It benefits police and the motorists for stops to be efficient and quick. There is not set time limit for DUI checkpoints, as it’s important to perform on a case-by-case basis. Therefore, officers typically consider the facts surrounding the checkpoint and go from there. If the area is not particularly busy, they usually take a bit longer to stop and question drivers.
The checkpoint must be identifiable and safe
One of the most important pieces of checkpoint conduct is making sure the checkpoint is safe and identifiable to approaching motorists. There must be bright lights and signs, depending on the time of day and weather. The stop must be in a spot that will not disrupt traffic in a dangerous manner. Furthermore, the checkpoint must give drivers fair warning in advance that they will have to come to a complete and full stop.
The checkpoint has to clearly be for a DUI or license check
Police cannot setup a checkpoint for an unidentifiable reason. Motorists must understand that the checkpoint is going to be for a specific purpose before requiring them to identify or prove themselves.
The check must be effective
When there are arrests at a checkpoint, they must serve the interest of the public. The Supreme Court’s 1990 ruling stated that public benefit of checkpoints outweighed the privacy intrusion. Therefore, prosecutor’s must demonstrate that their checkpoints effectively reduced the number of DUIs in an area.