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Five FAQs about sobriety checkpoints

On Behalf of | Jan 8, 2025 | Criminal Defense |

Sobriety checkpoints are a common tool used by law enforcement to combat impaired driving. Here is a look at some of the most frequently asked questions about these checkpoints.

What are sobriety checkpoints?

Sobriety checkpoints, also known as DUI checkpoints, are temporary roadblocks. Police set them up to check drivers for signs of intoxication. Officers typically establish these checkpoints on busy highways during holidays associated with higher alcohol consumption, like the Fourth of July and Memorial Day.

Are sobriety checkpoints legal?

Yes, sobriety checkpoints are legal in most states, including North Carolina. The U.S. Supreme Court ruled in 1990 that they serve a public safety interest that outweighs privacy concerns. The Court decided that officers do not need probable cause to stop drivers at these checkpoints.

How do officers conduct sobriety checkpoints?

At these checkpoints, officers stop vehicles at regular intervals, such as every tenth car. They look for signs of intoxication, like erratic driving or drifting between lanes. If a driver shows signs of impairment, further investigation follows. The aim is to deter drunk driving rather than make arrests.

How effective are sobriety checkpoints?

The effectiveness of sobriety checkpoints is a topic of debate. While they do not often result in many arrests, they are linked to a reduction in alcohol-related crashes. This suggests they deter people from driving under the influence, even if proving cause and effect is challenging.

Can you avoid a sobriety checkpoint?

If you encounter a sobriety checkpoint, you must stop and comply with the officer’s requests. However, if you see a checkpoint in the distance and can safely make a legal U-turn, you may do so. Be cautious to avoid violating any traffic laws when deciding to turn away from a checkpoint.

Sobriety checkpoints play a crucial role in maintaining road safety. They help deter impaired driving and reduce crash rates. If you face legal issues related to a DUI checkpoint, consulting with an experienced DUI attorney can help protect your rights.

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