What Are DUI Checkpoints?
As defined by Merriam-Webster, a "check point" is "a point at which a physical examination or inspection is made especially for inspection of vehicles." DUI checkpoints are physical locations set up by law enforcement authorities to conduct roadside investigations and inspections of vehicles and motorists suspected of Driving Under the Influence of Alcohol or Drugs (DUI). The purpose of a DUI checkpoint is to identify drivers who may be operating their vehicles while under the influence of alcohol and to increase public safety. Typically, a driver who has been stopped at a DUI checkpoint is questioned and, if necessary, is asked to submit to field sobriety tests and/or provide specimens of breath and/or blood for chemical analysis. In Missouri, the existence of DUI checkpoints and police sobriety checkpoints continues to be an area of controversy, discussion, and litigation. Some Missouri municipalities have held DUI sobriety checkpoints to be unconstitutional and have criminalized the DUI sobriety checkpoint . Although challenging the constitutionality of a DUI checkpoint may result in a misdemeanor crime for those law enforcement officers involved in setting up, holding, and conducting sobriety checkpoints, the law in Missouri is clear. The Supreme Court of Missouri recognizes DUI sobriety checkpoints as being legal and constitutional.
In State v. Betz, 89 S.W.3d 432 (Mo. 2002), the Supreme Court of Missouri, en banc, affirmed the Jackson County circuit court’s opinions holding that DUI sobriety checkpoints, as conducted in Missouri, do not violate "the letter and spirit of the [state] constitution . . . ." The court reasoned that DUI sobriety checkpoints serve a significant non-law enforcement purpose of "deter[ring] drunk driving," they pose a minimal amount of "intrusion" on citizens such as might occur with routine motor vehicle stops, and it is well within the right of the state to pass laws authorizing their use.
The Law About DUI Checkpoints in Missouri
One of the most common questions we get in our practice is whether DUI checkpoints are legal in Missouri. While these sobriety checkpoints can be unsuccessful as a means of preventing drunk driving, they can be lawful. Specifically, they are lawful when they comply with federal and state law.
While many jurisdictions use them, federal law specifically prohibits sobriety checkpoints. United States Department of Transportation, Office of the Secretary, Federal Highway Administration; Intermodal Surface Transportation Efficiency Act – drunk-driving countermeasures, 54 FR 31851-01 (July 7, 1989). Congress has made it clear that uniform national drunk driving enforcement measures should not include the "use of inferior law enforcement tactics which may or may not reduce alcohol related traffic accidents … [such as] vagrancy laws, raids on bars, roadblocks and saturation patrols… " 135 Cong. Rec. H8415-04 (daily ed. Sept. 4, 1989) (statement of Rep. Rose). OSHA has explained that "A major consequence of the use of roadblocks is that other sober drivers will be detained while passing through a designated area. This not only reduces the number of vehicles in the vicinity of a roadblock available to be randomly selected for further enforcement efforts, but may lead to fewer sobriety arrests because the vast majority of sober drivers will be permitted to pass freely after a short delay and never subjected to a second selection mechanism or field sobriety tests." 54 FR 31852-01, 31854-01.
Missouri courts have invariably held that sobriety checkpoints do not violate the Missouri and Federal Constitutions. Mo. Const. Art. 1, sec. 15; U.S. Const. 4th Amendment; State v. McCarthy, 769 S.W.2d 787 (Mo. banc 1989); State v. Anderson, 764 S.W.2d 615 (Mo. banc 1988); State v. Greniger, 760 S.W.2d 139 (Mo.App. 1988). However, the Missouri Department of Public Safety regulations allow sobriety checkpoints only if they are expressly authorized by a written order of a senior law enforcement official. In addition, the Missouri Department of Public Safety regulations require that the sobriety checkpoint is part of a formal written plan with specific written parameters detailing (1) the purpose of the checkpoint, (2) the reasons why the location of the checkpoint is selected, (3) the criteria by which vehicles will be stopped, and (4) limitations on the time, size, and duration of the checkpoint. Id. at 142.
For a sobriety checkpoint to be lawful in Missouri, it is not enough for law enforcement officials to simply stop every vehicle on the road. They must make a determination as to which vehicles will be stopped at each particular checkpoint.
How DUI Checkpoints Work in Missouri
Here we will go over how a DUI checkpoint operates in Missouri. When you first approach the checkpoint, an officer should be at the end of the line directing traffic. You might expect the officer to be standing they way you would at any traffic intersection. The officer, however, will be looking for signs of intoxication. Depending on what state you are in, the officer at the front of the line might ask you to participate in field sobriety tests. That does not happen everywhere and is entirely up to the officer. You must then stop your car at the marked point where the line of cars meets the checkpoint. The officers here will ask you some questions to find out what they can about you. If it is a vehicle-based checkpoint, they might want to know your (or your passenger’s) name, license, and insurance information. If it is a sobriety checkpoint, the officer might even ask what you have been doing tonight. Your job is to give them your information and just cooperate. If they still have suspicions after talking to you, it is their right to conduct sobriety testing right there at the checkpoint. This must be within a reasonable amount of time and must effectuate the initial purpose of stopping the driver or vehicle. At the same time, the officer has the discretion to only stop some vehicles at a checkpoint, rather than stopping all the vehicles. There is no set number of vehicles, and different factors could determine what is considered a reasonable amount of vehicles to stop. There has to be a system in place, though. The officer should then be able to determine if you are intoxicated or require further testing. They might let you go right away or conduct a sobriety test on you and determine then if you are free to go. They might also take you in if they are suspicious enough. If they suspect you are intoxicated, they should then take you to a sobriety testing area in order to conduct enough testing to be absolutely sure.
Missouri Supreme Court Decisions on DUI Checkpoints
In 1986, the Missouri Supreme Court determined that roadblocks to check for intoxicated drivers could be legal. However, the court also held that that sobriety checkpoints were briefly stopping vehicles on a roadway without a warrant or probable cause did violate the state’s own constitution.
The ruling came in State v. Phillips. The case started when witnesses observed Phillips’ vehicle drifting in and out of his lane and looked like it might hit oncoming traffic. They alerted police, who sent officers to arrest Phillips, who had an open container of alcohol when he was arrested.
Soon after that decision, the Missouri Supreme Court laid out certain guidelines for conducting sobriety checkpoints, including that:
The key takeaway is that although sobriety checkpoints may temporarily stop and detain other drivers, motorists ought to have no less freedom of movement at the sobriety checkpoint than they do anywhere else under the Fourth Amendment.
Your Rights at a Missouri DUI Checkpoint
When facing a DUI checkpoint, it is important to know your rights. Here are a few things about your rights in Missouri DUI checkpoints that every driver should know: DUI checkpoints in Missouri have to be set up according to certain criteria, which are described by the Missouri Supreme Court as "several interrelated safeguards" that are intended to minimize the possibility of arbitrary enforcement, and thereby minimize the likelihood that motorists will be stopped for an unlawful reason. For example, checkpoint officers need to stop only vehicles at predefined intervals (e.g. every fourth car) rather than every car, and the officers need to ensure that their decision of whether or not to stop a particular car was one that both uniformed and non-uniformed officers could have made. Unfortunately, these safeguards aren’t always followed, and many DUI checkpoints in Missouri result in motor vehicles being stopped in violation of driver’s legal rights. When this happens, it is important to have evidence of the checkpoint violation so that your attorney can advocate for the increasingly common DUI defense: that the DUI charges should be dropped because a police officer stopped the motorist without proper authority . When stopped at a DUI checkpoint, Missouri drivers are required to hand over their driver’s license, registration and proof of insurance to the police officer. However, beyond this point, the police officer’s rights are somewhat limited in the actions he or she may take. Involuntary alcohol or drug testing is legally impermissible when you didn’t consent. The police officer must get your voluntary consent before they can perform any field sobriety tests, breath tests or physical tests. As the Missouri Supreme Court has held, a driver’s failure to perform physical tests voluntarily may not be used against the driver in court, and if the driver has been forced to participate in a breath test, the breath test results may also not be used against him or her in court. Another important note about the legality of alcohol or drug tests in Missouri is that if a driver has been arrested and refuses to take such a test, the officer cannot forcibly take blood tests (with the exception of "real emergencies") or physically restrain the driver for the sake of administering breath tests. If a police officer forcibly administers alcohol or drug tests without any kind of consent, the results may be inadmissible in court.
Challenging Police Stops at Missouri DUI Checkpoints
Drivers have the option to challenge a DUI checkpoint stop. There are several ways to contest a checkpoint stop and legal process available to both drivers and passengers. As a driver or passenger, it is important to understand your legal options if charged with a DUI after a checkpoint stop.
Drivers can challenge the legality of the checkpoint. A defense attorney may argue that the public interest does not "outweigh the inconvenience, risk of trauma, and general loss of privacy, and personal liberties" if police conduct a DUI checkpoint at a location with lower than average DWI arrests. This may be the case if the local area has a high number of DWI arrests, but police decide to move the checkpoint site to a location with fewer DWI arrests.
A challenge may also be raised to the procedural requirements for checkpoint stops. In Missouri, procedures include police establishing a formal written plan and securing appropriate supervisory authority to conduct the checkpoint. If police do not develop appropriate procedures, it may provide a basis for challenging the checkpoint stop.
Drivers and passengers can also challenge the individual police officer’s decision to stop a vehicle at a checkpoint. Police are required to make stops in a neutral, non-arbitrary way. The officer may select a certain number of cars for stops in a random, systematic, and non-arbitrary manner (for example, every third car is stopped). If the officer stopped a car in an arbitrary manner, this could provide a legal basis to contest the sobriety checkpoint stop.
While drivers and passengers can legally challenge sobriety checkpoints, the vast majority of drivers accept the sobriety checkpoint stop. Drivers may submit to field sobriety tests (FSTs) and take the breath test without an argument. If police establish probable cause, drivers may be arrested for DUI charges. If there is probable cause for a DWI arrest, a driver may be found guilty of DUI in court.
On the other hand, if police pull over a driver without establishing probable cause, a driver may be able to avoid a conviction and a suspended license. If police err on the side of caution and stop the wrong driver due to a sobriety checkpoint, the driver may be pulled over for no valid reason. The driver has the right to remain silent and avoid self-incrimination. Additionally, consent forms may be necessary for searches, blood tests, and breath tests. A driver may not consent to a test. If the driver did not consent to a test, the test results may be considered inadmissible evidence. If a driver submits to FSTs and blows positive for alcohol, the driver may face DWI charges. FSTs are usually not admissible as evidence during a criminal trial. It is also possible to challenge the accuracy of a chemical test and provide a substance abuse evaluation to show the driver is not dependent on alcohol.
DUI Checkpoints and Road Safety in Missouri
The ongoing debate over the effectiveness of DUI checkpoints in reducing the rate of drunk driving continues to be a topic of discussion throughout the country. Proponents point to the overwhelming amount of public awareness and education that is seen on a large scale in the lead up to holidays and the impact that serious penalties for refusing BAC testing has had in the past. One nationwide study conducted by the National Highway Traffic Safety Administration (NHTSA) found that while roadside arrest per capita varied dramatically between states, in general the rate is consistent with the rate of DUI arrests. In Missouri, we can see a clear link in both the number of fatalities caused by intoxicated drivers and epicenters for DUI checkpoints. As we can see from the above, the prevalence of DUI checkpoints correlates closely to DUI arrest rates across the state. In areas like St. Louis County, where DUI checkpoints are most common, the population density of alcohol-related crashes averaged a staggering 28.3%. That is readily contrasted with nearby St. Charles County, Missouri, where the population density is less than half and DUI checkpoints are fairly rare.
Public Attitudes Towards Missouri DUI Checkpoints
Public opinion on the issue of DUI checkpoints in Missouri varies from the assumed ‘we are okay with them as long as they are done right’ to strong opinions like our laws are unconstitutional with the intended purpose of racial profiling all people of color. Surveys have shown that only 10% of Missouri respondents believe that DUI checkpoints were effective in reducing drunk driving arrests. The majority of drivers however, said they were in favor of sobriety checkpoints, even if it caused a little inconvenience. As far as the racial profiling accusations , some citizens are concerned that police officers will make decisions on who to arrest based on their appearance. The Brookfield Sun-Advocate Editor Charlie Watts stated that under the circumstances, he was not opposed to sobriety checkpoints. Watts argues that if the law is enforced equally for all citizens regardless of race, sex, age or description, they could be an effective law enforcement tool. Many supporters also feel that public notices are a great way to advise drivers on what to expect and how to respond to the police. Like many in law enforcement, the Brookfield Sun-Advocate believes that not notifying the public of a sobriety checkpoint creates an unnecessary hazard to drivers without effecting the general public safety.