Sobriety Checkpoints: Are They Effective?

November 16, 2012

With the holiday season approaching, there is no doubt that some motorists will encounter nightly sobriety checkpoints on roadways across the country.

Sobriety checkpoints are temporary roadblock installations used by law enforcement to catch motorists who are under the influence of alcohol.

At these sobriety stations, officers detain vehicles on a public road that pass through the checkpoint. Checkpoints are often set up late at night or early in the morning when drunk driving is prevalent.

Are sobriety checkpoints reliable?

Did you know that sobriety checkpoints often fail to make any drunk driving arrests? This is true despite law enforcement efforts to use checkpoints to crack down on drunk driving.

According to a 2009 University of Maryland study, checkpoints do not have any impact on public perceptions, driving behaviors, alcohol-related crashes, impaired driving citations or public deterrence.

The main issue with checkpoints is that they are easy to avoid. These roadblocks are highly visible by design and exposed well in advance, which is required by law in many states. People tend to warn one another about local sobriety setups via phones or text message. Furthermore, there are GPS and smartphone applications that alert motorists of specific checkpoint locations. These efforts allow impaired drivers to bypass the stations.

Checkpoint advocates ultimately believe that this law enforcement system deters drunk drivers; however, there is little proof of this point.

Furthermore, the efforts are costly. The Southtown Star reports that one checkpoint setup can cost more than $10,000. On the other hand, other law enforcement strategies, such as roving patrols, cost approximately $300. If this is the case, should law enforcement continue to implement this strategy?

If checkpoints do not work, what does?

Research suggests that law enforcement should utilize more saturation patrols, which involve patrolling roadways for dangerous drivers. The National Highway Traffic Safety Administration has concluded that the number of drunk driving arrests made by roving patrols is nearly three times the average number of arrests made by officers at a sobriety checkpoint. The FBI adds, "It is proven that saturation efforts will bring more DUI arrests than sobriety checkpoints."

Roving patrols also assist with catching speeding motorists and aggressive or drowsy drivers--another significant roadway danger.

To deter drunk driving and catch impaired motorists, safety agencies invest significant time and money in creating sobriety checkpoints. However, because the success of checkpoints has not been established, it may be time for a reevaluation of strategies.

Sobriety checkpoints raise a series of legal issues. If you have been stopped at a sobriety checkpoint and you face criminal charges, you may want to contact a knowledgeable criminal law attorney. Your rights may have been violated, and a criminal lawyer can help ensure that your constitutional protections have not been compromised.

Article provided by Christian A. Schwaner, P.C.
Visit us at www.schwanerlaw.com