DWI/DUI Sobriety Road Blocks or Checkpoints

The Bill of Rights refers to the first ten amendments to the United States Constitution, the fourth of which states that:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Thus the Constitution protects people from being stopped without a search warrant or at least “probable cause” that they have committed a crime.

The Michigan Supreme Court found sobriety checkpoints to be a violation of the Fourth Amendment. However, in a split decision, the U.S. Supreme Court reversed the Michigan court. Although acknowledging that such roadblocks violate a fundamental constitutional right, Chief Justice Rehnquist argued that they are necessary in order to reduce drunk driving. That is, he argued that the end justifies the means. Attorney and law professor Lawrence Taylor refers to this as “the DUI exception to the Constitution.” 1

Dissenting justices emphasized that the Constitution doesn’t provide exceptions. "That stopping every car might make it easier to prevent drunken driving ... is an insufficient justification for abandoning the requirement of individualized suspicion," dissenting Justice Brennan insisted. 2

Chief Justice Rehnquist had argued that violating individual constitutional rights was justified because sobriety roadblocks were effective and necessary. But dissenting Justice Stevens pointed out that "the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative." 3 And even if roadblocks were effective, the fact that they work wouldn’t justify violating individuals’ constitutional rights, justices argued.

While the U.S. Supreme Court has made the DUI exemption to the Constitution, eleven states have found that sobriety checkpoints violate their own state constitutions or have outlawed them. In these states, individuals have more protections against unreasonable search and police sobriety roadblocks are prohibited.

Mothers Against Drunk Driving (MADD), which strongly promotes them, implies that sobriety roadblocks are legal throughout the entire United States without exception. It says that “the U.S. Supreme Court on June 14, 1990 upheld the use of sobriety checkpoints to detect and deter impaired drivers. Previous appeals to the Supreme Court to review the constitutionality of such checkpoints had been declined, which allowed high state court rulings to stand. The June 14, 1990 ruling clearly upheld the constitutionality of such enforcement measures.” 4

MADD also dismisses those who question the use of sobriety checkpoints by asserting that “opponents of sobriety checkpoints tend to be those who drink and drive frequently and are concerned about being caught.” 5 MADD provides no evidence of this assertion and none has been found in any published research study. There are, however, published reports that opposition is especially strong among civil libertarians, judges, law enforcement leaders and conservatives. 6

There are many arguments both for and against the use of roadblocks in our effort to reduce drunk driving. For example, many law enforcement officials and researchers believe that roving patrols are much more effective and are a better use of scarce resources. People of good will can and do disagree on such important matters.

Unfortunately, MADD’s effort to discredit and marginalize those with whom it disagrees is unproductive and doesn‘t help us make the best decisions about how to reduce impaired and drunk driving, whether or not that involves police roadblocks.

References

  • 1. Taylor, Lawrence. DUI Sobriety Checkpoints: Unconstitutional?. DUIBlog: Bad Drunk Driving Laws and the New Prohibition (www.duiblog.com/2004/10/17), October 17, 2004.
  • 2. Taylor, Lawrence. DUI Sobriety Checkpoints: Unconstitutional?. DUIBlog: Bad Drunk Driving Laws and the New Prohibition (www.duiblog.com/2004/10/17), October 17, 2004.
  • 3. Taylor, Lawrence. DUI Sobriety Checkpoints: Unconstitutional?. DUIBlog: Bad Drunk Driving Laws and the New Prohibition (www.duiblog.com/2004/10/17), October 17, 2004.
  • 4. Mothers Against Drunk Driving. Sobriety Checkpoints: Facts and Myths. Mothers Against Drunk Driving national corporate headquarters web site (www.madd.org).
  • 5. Mothers Against Drunk Driving. Sobriety Checkpoints: Facts and Myths. Mothers Against Drunk Driving national corporate headquarters web site (www.madd.org).
  • 6. See, for example, Foss, R.D., et al. Roadside Surveys in Conjunction with Sobriety Checkpoints. North Carolina State Highway Safety Research Center, University of North Carolina, Chapel Hill, NC. Shaffer Library of Drug Policy.

Readings

  • Amenda, P. J. Temperance for a New Age: The Crusade Against Drunk Driving, 1980-1997. (Fresno, CA: California State University, M.A. thesis, 1998).
  • Berardelli, P. Safe Young Drivers: A Guide for Parents and Teens. Vienna, VA: Nautilus Communications, 2000.
  • Catchpole, J. Why are Young Drivers Over-Represented in Traffic Accidents? Vermont, South, Victoria, Australia: Australian Road Research Board, 1994.
  • Donelson, , A. C., et al. The Role of Alcohol in Fatal Traffic Crashes: British Columbia. Ottawa, Ontario, Canada: Traffic Safety Research Foundation, 1989.
  • Duncan, D. F. Chronic drinking, binge drinking, and drunk driving. Psychological Reports, 1987, 80(2), 681.
  • Hans, M. Innovative programs target young drivers. Traffic Safety, 1996, 96(5), 6-9.
  • Hans, M. Graduated licensing: training wheels for young drivers. Traffic Safety, 1996, 96(2), 6-9.
  • Hansen, W. B., and Graham, J. W. Preventing alcohol, marijuana and cigarette use among adolescents. Preventive Medicine, 1991, 20.
  • Hanson, D. J. Alcohol Education: What We Must Do. Westport, CT: Praeger, 1996.
  • Joseph, J. Are Breath Tests Accurate: Defense Lawyers Often Challenge Their Use as Evidence, And Win. ABCNEWS.com. Can be found at www.howstuffworks.com/breathalyzer.html
  • Kinkade, P. T. The Unintended Consequences of California's 1982 Drunk Driving Laws: The Costs of Being "MADD." (Irvine, CA: University of California, Ph.D. dissertation, 1990).
  • McGwin, G. Characteristics of traffic crashes among young, middle-aged, and older drivers. Accident Analysis and Prevention, 1999, 31(3), 181-198.
  • Moulden, J. V. Alcohol Education: A Long-Term Strategy for Preventing Transportation Accidents. In: Benjamin, T. (Ed.). London and New York: Royal Society of Medicine Services, 1987.
  • National Highway Traffic Safety Administration. A Guide to Developing a Community-Based Designated Driver Program. U.S. Department of Transportation.
  • Pariser, J. L. In vino Veritas: the truth about blood alcohol presumption in state drunk driving laws. New York Law Review, 1989, 64(1), 141-181.
  • Peach, R. J. Who tests the DUI test? Defense can't; New Jersey won't let lawyers inspect new breath tests. The National Law Journal, 2000, 23(6), A4.
  • Reinerman, C. Social Movements and Social Policy: “Mothers Against drunk driving,” Restrictive Alcohol Laws and Social Control in the 1980s. Berkekey, CA: Alcohol Research Group, School of Public Health, University of California, Berkeley, 1985.
  • Rosenblum. E. Breathlayzer machines are faulted once more. New Jersey Law Journal, 1988, 122(23), 5.
  • Ross, H. L. Confronting Drunk Driving. New Haven, CT: Yale University Press, 1992.
  • Sargeant, G. Breathalyzer accuracy challenged. Trial, 1989, 25(12), 22.
  • Simpson, H. M., and Mayhew, D. R. The Hard Core Drinking Driver. Ottawa, Ontario, Canada: Traffic Safety Research Foundation, 1991.
  • Spierer, E. Young Drivers and Alcohol: Educational Measures and Programmes. In: Benjamin, T. (Ed.). Young Drivers Impaired by Alcohol and Other Drugs. London and New York: Royal Society of Medicine Services, 1987. Pp. 227-235.
  • Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000. [This is the best single source of information on breathalyzer accuracy and inaccuracy.]
  • Taylor, L. Nonspecific Analysis. From Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000. Can be found at www.california-drunkdriving.org/procedures
  • Weed, F.J. Grass-roots activism and the drunk driving issue: A survey of MADD chapters. Law & Policy, 1987, 9(3), 259-278.
  • Williams, T. P. The Relative Role of Alcohol as a Contributing Factor in the Over-Representation of Young Drivers in Highway Crashes. Albany, NY: New York State Division of Alcoholism and Alcohol Abuse, Bureau of Alcohol and Highway Safety, 1981.
  • Zimmerman, N. Breathalyzers do have a host of problems. The National Law Journal, 1984, 6, 12

See Also

Filed Under: Drinking and Driving