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.
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Drunk Driving
Drug Impaired Driving
Survey of the States Published 2001
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.
For more information on your legal matter, contact Scott and Fenderson PLLC, attorneys, at 727-321-0099, or visit our web site http://www.scottandfenderson.com
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Posted by: Broward DUI Attorney | 11/07/2011 at 12:36 AM