subject: Understanding DUI Or Sobriety Checkpoints [print this page] Understanding DUI Or Sobriety Checkpoints
Because of the number of people killed or maimed by drunken drivers, most states have instituted DUI checkpoints. These checkpoints are necessary to help remove intoxicated drivers from the road before they can cause an accident. As nearly 23,000 people are killed by drunken drivers each year, and countless other injured, states have realized that something must be done to make the roads as safe as possible.
DUI checkpoints are often held over holidays when more people are out on the road and more likely to be intoxicated. Some of the checkpoints are also held at night, especially those closer to the weekend, in order to control drunk drivers. While it cannot be denied that these checkpoints can be an inconvenience, and are often resented by both sober and drunk drivers, it also cannot be denied that they have been responsible for reducing the number of traffic fatalities.
Challenges to DUI checkpoints have been launched on Constitutional grounds, specifically those unreasonable searches are prohibited. However, the United States Supreme Court has ruled that these checkpoints are absolutely legal activity as long as guidelines are strictly followed. To begin with, the locations and times of the checkpoints have to be made known to the public beforehand. Checking with television, newspapers, or on the internet will let anyone know where and when a checkpoint will be held.
Not every car or truck that goes through a DUI checkpoint will be subjected to scrutiny. The police at a checkpoint are not legally able to pull over any particular driver, the vehicles and drivers that they do examine must be chosen on the basis of a neutral formula. They can examine every second or third driver, but they must adhere to this program, otherwise a drunk driving case can be thrown out of court.
It is legal to avoid a sobriety checkpoint if you do come upon one, you can take an alternate route or turn around. However, it has been observed that at times motorcycle police will follow and pull over vehicles that have attempted to avoid a checkpoint. The best way to avoid trouble at a DUI checkpoint, of course, is not to be driving while intoxicated.
The same standards of testing for sobriety are followed at the checkpoints as they would be anywhere else. If a driver is found to have been drinking, and has a blood alcohol content of 0.08% or more, the driver will be considered to be legally drunk and will be arrested. People under the age of 21 showing blood alcohol of more than 0.01% will likewise be subject to arrest. If you are found to have an open container of alcohol in your car, you will also be subject to arrest.
Many people associate drinking with having a good time, but if you are going to drink while away from home, it would be best to either take a taxi cab or arrange for someone sober to do the driving. Being responsible, keeping yourself and others safe, will keep you out of jail and the hospital.
