Driver License Checkpoints Defined
Driver license checkpoints, also known as sobriety checkpoints, are per the recent U.S. Supreme Court’s decision of 1990 termed as "highway sobriety checkpoints", which are a form of traffic law enforcement developed in the United States. It is designed to use physical roadblocks and police questioning to intercept drivers at fixed and known intervals to verify the possession of proper vehicle license and documentation. Most often, the goal is to deter and catch those who drive under the influence of drugs or alcohol.
A driver license checkpoint detains the driver for only a few seconds to determine if the person is legally allowed to operate a motor vehicle. The officer will usually ask the driver for the driver’s license and registration to verify that these items are up to date and to check for active bench warrants. The officer may also check for proof of insurance. If no bench warrants are found and the vehicle owner is up to date on license and registration requirements , the officer may caution the driver of safety equipment requirements, such as seat belt laws or use of cell phones and move the traffic stop along.
If the license or registration requirements are not up to date, the officer will either issue a citation or arrest the driver, depending on the severity of the offense. If the offense was severe, the officer may request a search of the driver’s vehicle. Typically, however, the sole freedom-infringing action at a roadside sobriety checkpoint is to delay the driver of the vehicle for a few seconds to ensure adequate paperwork compliance, and not to actually search the vehicle or in any other way inhibit the freedom of those who are mentally fit to drive.
Law Governing the Use of Driver License Checkpoints
There are several legal bases for driver license checkpoints, often stemming from both Federal and State levels. It is generally accepted that under Federal law, the legality of a driver license checkpoint is determined by the degree it effects the public versus the degree to which it infringes on an individuals privacy.
It is well established that the Fourth Amendment requires that searches and seizures be supported by probable cause or a valid warrant. However, The United States Supreme Court has held that under certain limited circumstances, the government may administratively stop a vehicle to inspect it without a warrant, probable cause, or reasonable suspicion. So-called driver license checkpoints are considered one of those circumstances, so long as they are strictly regulated and the driver does not face undue inconvenience.
In the case of Michigan v. Sitz (1990), the U.S. Supreme Court upheld the use of driver license checkpoints in Michigan. The Court found that due to the state’s compelling interest in detecting drunk drivers, the minimal intrusion on individual motorists passing through license checkpoints was justified, and therefore constitutional.
Many states have their own particular requirements regarding the use of driver license checkpoints. In Florida, for example, Courts have upheld their use as long as certain requirements are met. Pursuant to this case, State Courts have established a litany of guidelines that must be followed to uphold the constitutionality of a roadside sobriety checkpoint in Florida. The Florida Supreme Court requires that: It is crucial to note that if any of these requirements are not met, the legality of any and all breath tests or blood tests may be in jeopardy, and as such, could lead to dismissal of DUI charges.
Driver’s Rights at a Checkpoint
With respect to sobriety checkpoints, they may legally pull you over even in the absence of probable cause. There are many areas in which law enforcement must have probable cause to stop a driver and then request his or her license. However, the same is not true under the auspices of driver license checkpoints. While at a DUI checkpoint, law enforcement cannot demand that you exit the vehicle or perform sobriety tests. You do have a right to have an attorney present should you be arrested for anything.
If you are stopped at a driver license checkpoint, this is what you might expect: The officers will request your license, proof of insurance, and registration, just as they would with any other traffic stop. In some jurisdictions, officers may also ask the driver to step out of the vehicle. What you may legally refuse to do at a driver license checkpoint is get out of your vehicle and perform field sobriety tests. You should also know that there are driver license checkpoints that will take place without warning and at which vehicles may be searched for weapons, drugs, etc. Despite that, even if an officer asks permission to look inside your vehicle for weapons or drugs, you should say nothing and request to speak with your attorney.
Driver License Checkpoint Controversies and Legal Challenges
While some supporters of checkpoints advocate their use as a simple means to increase public safety and decrease drunk driving and unlicensed or uninsured motorists, many members of the general public and a variety of civil liberties activist groups have argued otherwise. Despite instances where the public have expressed their approval or disapproval of checkpoints, the key issue is and remains the constitutionality of the checkpoints as it relates to both the Fourth and Fifth Amendment of the U.S. Constitution. In addition, many state constitutions have similar provisions offering protections from unreasonable search and seizure. Detractors assert that checkpoints, when implemented properly, are ineffective at stopping drunk drivers and defending against unlicensed or uninsured motorists. Some critics even go so far as to claim that imposing a driver license checkpoint is a violation of the US Transport Secretary’s expressed opposition to the practice in his DOT Report of July 1991. There have been a long string of cases set forth for consideration by the US Supreme Court and other state/provincial supreme courts. When reviewing the administrative code issued by the LA police department, the Supreme Court of California upheld use of DUI driver license checkpoints . They did, however, prohibit the use of sobriety checkpoints. The United States Supreme Court upheld the use of sobriety checkpoints in Michigan this past June (2000). A federal law authorizing federal grants to those states which utilized DUI sobriety checkpoints was enacted January 1, 2003. Some states currently impose restrictions on use of sobriety checkpoints. Further, some states (such as Illinois and Missouri) have gone so far as to prohibit and outlaw officer initiatives conducting sobriety checkpoints. Those states which allow sobriety checkpoints may require those officers involved in both the stop and questioning of motorists to receive a permit. The Illinois Supreme Court ruled in 2001 in the case of People v. Bartleman that without legislative or administrative authority, sobriety checkpoints were a violation of the Fourth Amendment of the US Constitution. However, there are a number of states which keep driver license checkpoints current in their criminal practice codes, including: Alaska New York Oregon Rhode Island Utah Texas Virginia Washington Allegheny County, Pennsylvania DuPage County, Illinois Cook County, Illinois It is clear that sobriety checkpoints will continue to be controversial and subject to continued litigation and judicial review.
Dealing With Driver License Checkpoints – Best Practices
As is often the case in legal matters, knowledge of your rights and responsibilities can be critical. When navigating a driver license checkpoint, having an understanding of the laws and procedures in this area can help you to respond appropriately, both personally and as a citizen, if issues arise. Following are some practices and procedures that may apply to sobriety checkpoints. Keep in mind the rules and procedures can vary by municipality.
Best Practices for Drivers
- The driver should remain calm no matter the circumstances at the checkpoint.
- The driver should be polite to police even if the being stopped feels even slightly unprofessional or inappropriate.
- The driver should ask if they are free to leave if police ask questions about their drinking or intoxication.
- The driver should immediately provide personal identification, such as a driver’s license, registration, and proof of insurance.
- The driver should remain in their vehicle during the questioning.
- The driver should follow all police requests to open a window and exit a vehicle; including remaining quiet until a request has been made, even if police officers ask the driver questions after they exit the vehicle.
Best Practices for Police
- Police should not ask about the location of another DUI checkpoint.
- Police should not ask where the driver is going or where they have been.
- Police should not ask the driver how much they have been drinking.
- Police should not search the driver’s vehicle or belongings without probable cause.
Driver License Checkpoints in the Future
Technological advances play a key role in the future use of driver license checkpoints. Based on advances in artificial intelligence ("AI"), police may be able to collect more information from drivers. For instance, AI-powered facial recognition systems have been successfully used to identify criminals and others in crowds. In the form of a camera mounted on a police officer, in a patrol car, on a body camera, or otherwise, this technology may allow for more efficient and more widespread driver license checkpoints. However, these facial recognition systems raise serious privacy concerns as they allow for tracking individuals and are not always accurate (especially as it relates to minorities). It is reported that Google plans a test rollout of a new AI facial recognition system , and if advances in this technology are introduced, it remains to be seen how police officers will use it, and what privacy safeguards will be put in place prior to widespread adoption.
Most, if not all, states have enacted laws that set forth the requirements and manner in which police officers can stop or search individuals. Changes to these laws based on advances in AI may ultimately result in more (or fewer) frequently operated driver license checkpoints, or even a state-wide database that compiles facial recognition images based on the information in government databases such as driver license databases. While there may be some benefits to facial recognition systems, the acknowledged inaccuracies and potential wrongful detentions are a concern and government oversight of the surrounding privacy issues are warranted.