Drunk Driving & DUI Never Again

DUI CHECKPOINTS - WHAT YOU NEED TO KNOW

Sobriety Checkpoint Laws

August 2011

Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program.

Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.

Learn More About Drunk Driving

State Laws
Drunk Driving
Drug Impaired Driving

Issue Brief

Survey of the States Published 2001

Drunk Driving. Over the Limit. Under Arrest.

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States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.

• 38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
• In 12 states, sobriety checkpoints are not conducted.
  • In 5 states, they are are prohibited either explicitly by state law or by interpretation of state law
  • They are illegal under the state Constitution in another 5 states.
  • Texas prohibits them based on the its interpretation of the U.S. Constitution.
  • Alaska lacks state authority to conduct them.

State	Checkpoints Conducted?	Frequency	Legality
Alabama	Yes	Throughout the year	Upheld under federal Constitution
Alaska	No		No state authority
Arizona	Yes	At least once per month	Upheld under federal Constitution
Arkansas	Yes	Weekly	Upheld under state and federal Constitution
California	Yes	Once or twice a month	Upheld under state and federal Constitution
Colorado	Yes	Once or twice a month	Upheld under state and federal Constitution
Connecticut	Yes		Upheld under state Constitution
Delaware	Yes	Monthly January to June; weekly July through December	Upheld under state law and federal Constitution
D.C.	Yes	Once or twice a month	Upheld under federal Constitution
Florida	Yes	Between 15-20 per month	Upheld under federal Constitution
Georgia	Yes	Weekly	Upheld under state and federal Constitution
Hawaii	Yes	Weekly	Authorized by statute
Idaho	No		Illiegal under state law
Illinois	Yes	Several hundred per year	Upheld under federal Constitution
Indiana	Yes		Upheld under state Constitution
Iowa	No		Not permitted - statute authorizing roadblock controls does not authorize sobriety checkpoints
Kansas	Yes	Once or twice a month	Upheld under state law and federal Constitution
Kentucky	Yes	Weekly	Upheld under federal Constitution
Louisiana	Yes		Upheld under state Constitution
Maine	Yes		Upheld under federal Constitution
Maryland	Yes	Weekly	Upheld under state and federal Constitution
Massachusetts	Yes	Year round	Upheld under state and federal Constitution
Michigan	No		Illegal under state Constitution
Minnesota	No		Illegal under state Constitution
Mississippi	Yes	Weekly	Upheld under federal Constitution
Missouri	Yes	Once or twice a month	Upheld under state and federal Constitution
Montana	No		Statute permits only safety spotchecks
Nebraska	Yes	6 - 10 per month	Upheld under state law
Nevada	Yes	Once or twice a month	Authorized by statute
New Hampshire	Yes	Weekly, weather permitting	Authorized by statute (must be judicially approved)
New Jersey	Yes	Once or twice a month	Upheld under state and federal Constitution
New Mexico	Yes		Upheld under state and federal Constitution (law enforcement must follow guidelines)
New York	Yes	Weekly	Upheld under federal Constitution
North Carolina	Yes	Weekly	Authorized by statute
North Dakota	Yes		Upheld under state and federal Constitution
Northern Mariana Islands	Yes	Twice a month
Ohio	Yes	Year round	Upheld under state and federal Constitution
Oklahoma	Yes	Once or twice a month	Upheld under state and federal Constitution
Oregon	No		Illegal under state Constitution
Pennsylvania	Yes	Several hundred per year	Upheld under state and federal Constitution
Rhode Island	No		Illegal under state Constitution
South Carolina	Yes		No state authority
South Dakota	Yes	Weekly	Upheld under state and federal Constitution
Tennessee	Yes	Once or twice a month	Upheld under state and federal Constitution
Texas	No		Illegal under Texas' interpretation of federal Constitution
Utah	Yes	About every other month	Authorized by statute
Vermont	Yes	Weekly	Upheld under state and federal Constitution
Virgin Islands	Yes	Monthly and during national mobilizations and local festivals and carnivals
Virginia	Yes	Weekly	Upheld under state and federal Constitution
Washington	No		Illegal under state Constitution
West Virginia	Yes	Weekly	Upheld under state and federal Constitution
Wisconsin	No		Prohibited by statute
Wyoming	No		Prohibited by interpretation of roadblock statute
Total States	38 + D.C., Northern Mariana Islands, Virgin Islands

 

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.

Disclaimer: The information on this page is for general information purposes only and is not to be considered legal authority. For clarification on any law, consult the appropriate State Highway Safety Office.

Can I Get A DUI Just Sitting in The Car?

Yes, you can be arrested for DUI for just sitting in the car. If you have been drinking and feel that you may be over the limit  (.08 BAC) do not get behind the wheel of a car, even if the motor is not running. The law is APC or actual physical control, and the theory is that if you have the ability to operate the vehicle, by being behind the wheel and having the keys, then you are considered to be in actual physical control of the vehicle. If you had too much to drink dont take a nap  in the car, you can get a DUI for being asleep in the car too.  I remember one time a client had too much to drink, and decided to lock up her car and leave it at the bar, and ride home with friends.  She went out to lock up the car and get her purse, and as she opened the drivers side door with the keys in her hand, she was arrested and charged with DUI under the actual physical control law, and ended up being convicted.  If you had too much to drink, do not go anywhere near your car, and give the keys to someone else.

Be Safe Out There.

Can I Get A DUI If I'm Not Drinking? - DUI Tip of the Day

The answer is yes, you can get a DUI even if you are not drinking.  In Florida the law is DUI, or driving under the influence, and not DWI, driving while intoxicated. The State does not have to prove you were drinking, or drunk.  Many people were surprised to find that you can be charged with DUI if you were smoking pot, or taking prescription pain pills.  These substances can have the effect of impairing your ability to drive a car, and when you are suspected of DUI but have no alcohol in your system as evidenced by a .00/.00 breath reading, then the police officer will ask for a urine test or blood test to determine if you are being affected by drugs or medication.  The moral of this story is do not drive if you have smoked pot, taken street drugs, or prescription medications that could impair your ability to drive.

Be safe  out there!

Drinking On An Empty Stomach - DUI Tip Of The Day

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There is a general rule that you can safely consume one drink per hour, and that your body will eliminate one drink per hour.  I generally agree with this concept, and take it one step farther and suggest one drink per hour, with a glass of water between alcoholic drinks.  I also caution that you cant sit around for ten hours having one drink per hour, do not do this.  I dont suggest more than three drinks in a three hour period with a glass of water inbetween.  This tip has to do with whether you drink on an empty stomach.  Most people have heard that they can get a better "buzz" by drinking on an empty stomach.  There is good science behind this idea, when you have food in your stomach and consume alcohol, such as having a drink with a meal, the food in your stomach may absorb some of the alcohol and your body will thus not absorb as much.  Conversely if you drink on an empty stomach your body will absorb much more of the alcohol placing it into your blood stream.  I always advise against drinking on an empty stomach.  Be careful however because drinking along with food may result in a delayed absorption of the alcohol, as the food passes thorough  your system, you will likely absorb the alcohol, but it will be delayed.  So you might not realize you have consumed as much alcohol as you did when you are also eating food.

Be Safe   - Charlie