The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure. As part of our Bill of Rights, the Fourth Amendment is designed to protect individuals from overzealous government agents who would otherwise stop at nothing in their quest to prevent crime and catch criminals.
The U.S. Supreme Court upheld “properly conducted” DUI checkpoints as permissible by law in 1990. There are set guidelines and procedures to limit the intrusion into your privacy while providing for the public interest of keeping inebriated drivers off the road. In order to comply with the statute, checkpoints must meet certain criteria set up by the National Highway Transportation Safety Board.
- Checkpoints must be part of an ongoing program to deter impaired driving.
- They must have the support of the judiciary.
- Law enforcement agencies must have specific procedures for how checkpoints will be conducted, and procedures must be uniformly applied.
- Site selection is key to the proper implementation of checkpoints. They must not create more of a traffic hazard than the results of the driving behavior they are trying to modify, for instance.
- Special care must be taken to warn approaching motorists of the sobriety checkpoint.
- Police officers must be visible and readily identifiable as officers of the law.
- Suspected impaired drivers should be transported for DUI chemical testing within a reasonable amount of time.
- Any deviation from the previously outlined procedures should be thoroughly documented, and reasons given for the change (for example, traffic backups or inclement weather).
- Officers participating in the checkpoints must be properly trained in detecting impaired behavior.
While there is some meritorious debate over the constitutionality of DUI checkpoints, arguing the law when you find yourself stopped at a checkpoint probably isn’t your best bet. To survive a DUI checkpoint, take some friendly advice and mind your manners.
- Be polite, stay calm, and speak in an even tone.
- If the officer suspects you of drunk driving, he or she is likely to start asking you questions about where you were and how much you’ve had to drink. Remember that you don’t have to answer any questions. Even when the officer hasn’t read you your rights, you still have the right to remain silent. Anything you say can – and will – be used against you in court, if things go that far.
- Don’t agree to a voluntary search of your vehicle, and don’t take sobriety tests unless required to by law. If the police ask for permission to search your car, that should tip you off that they don’t have probable cause. By submitting to a search, you are waiving your rights, and you can’t take it back later if they find something worth arresting you for. Your DUI Attorney will have a much easier time if you didn’t waive your Fourth Amendment rights.