The constitutionality of sobriety checkpoints has been upheld in many states, but there are rules as to how they should be conducted:

• If there is too much traffic to be able to stop every car that passes through the checkpoint, there has to be a predetermined and nondiscretionary way to choose which cars to stop, for example, stopping every 5th car
• A warning must be posted to let motorists know that they are approaching a checkpoint
• The police presence should be visible so that approaching motorists know the checkpoint is legitimate
• All police officers participating in the checkpoint should be properly trained in spotting possibly impaired drivers and in performing the standardized field sobriety tests
• A Drug Recognition Expert (DRE) should be on site to assist with anyone suspected of being impaired by drugs

What To Expect at a Sobriety Checkpoint

When you pull into a sobriety checkpoint there are a number of things you can expect. A police officer will check all of your paperwork to ensure nothing is expired. Also, asking for your license and registration simultaneously is considered a “divided attention” test which can indicate impairment.

If the officer suspects you’ve been drinking or smells alcohol they will ask you to perform the standardized field sobriety tests. The standardized field sobriety tests include:

• The one-leg stand (a divided attention test)
• The walk-and-turn (another divided attention test)
• The horizontal gaze nystagmus (a test on the involuntary action of your eyes when you are under the effects of alcohol and some drugs)

If you fail the field sobriety tests or the officer still suspects you’ve been drinking they will ask you to submit to a breath or blood test to confirm your Blood Alcohol Content (BAC). In all states a BAC of 0.08 or higher is considered impaired.

Sobriety checkpoints are intended to be a deterrent to DUI/DWI because if drivers believe they will be caught for driving under the influence of drugs or alcohol then they are less likely to drive.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.

Additional Legal Source: The Law Offices of Michael Lowe. Serving all of Texas.