Although the United States Supreme Court has upheld a 1990 ruling in favor of DUI checkpoints as constitutional, many states have banned them. Wisconsin and eleven other states have banned DUI checkpoints over concerns that they are in violation of the 4th Amendment rights granted to all citizens of the United States of America.
The 4th Amendment protects citizens against searches without probable cause. Despite this, some counties and municipalities in Wisconsin have stepped up patrols during times when it is more likely for drunk drivers to be on the road, such as weekends or holidays. They keep an eye out for those who are driving erratically with the purpose of keeping the roads safe.
Why DUI Checkpoints Are Unconstitutional in Some States
There are several notable reasons why DUI checkpoints are deemed a violation of constitutional rights in Wisconsin and other states. In the state of Wisconsin, for example, police officers are required to have probable cause to stop a vehicle.
If an officer sees a vehicle weaving in and out of traffic lanes, running a stop sign or traffic light, failing to signal, or breaking any traffic law, they have reasonable suspicion, or probable cause, to make a traffic stop.
As for DUI checkpoints, there is a lack of individualized suspicion. In other words, there are systematic stops at random during DUI checkpoints. They may stop every other vehicle or choose them at random without any probable cause or suspicion of wrongdoing, which directly violates legal rights.
The U.S. Supreme Court allows for sobriety checkpoints under federal law, though each state can have stricter rules. As such, Wisconsin requires a higher standard for making stops. If there is a DUI checkpoint in Wisconsin, and you are stopped at one, it could be considered an illegal seizure under 4th Amendment rights as interpreted by the state. Furthermore, any evidence collected from such a stop may not be admissible in court.
Why Are There DUI Checkpoints?
The reason there are sometimes DUI checkpoints is to not only detect impaired driving but also serve as a deterrent. Those in favor of DUI checkpoints argue that they help get drunk drivers off the road and prevent serious accidents that cause injuries and fatalities.
Whether they prevent more drunk driving accidents by getting people off the road or simply scare people from getting behind the wheel isn't entirely clear. However, plenty of people oppose DUI checkpoints because of their infringement on constitutional rights. DUI checkpoints don't result in high numbers of arrests and seem to slow down traffic, leading to congestion.
Conducting a DUI checkpoint is costly as well, as those opposed to this practice argue that police officers out on patrol have a better chance of stopping impaired drivers. This could be due to DUI checkpoints needing to be announced to the public beforehand, which results in drivers taking alternate routes to avoid the checkpointed area.
When Can the Police Legally Pull You Over?
Police officers must have probable cause that a crime has occurred or is in the process of being committed before they can pull a vehicle over. They can't pull you over simply because you're driving a sports car, but if they observe you speeding, they are legally allowed to make a traffic stop.
Similarly, the police do not have the right to pull you over just because you're driving late at night. They must observe you violating traffic laws or committing another concerning behavior. If you are weaving in and out of traffic, failing to come to a complete stop at a stop sign, or you don't use your turn signal, an officer then has reasonable suspicion to make the traffic stop.
What to Do If You Are at a DUI Checkpoint
DUI checkpoints are not legal in Wisconsin, though some jurisdictions may try to set them up. These must be announced to the general public in advance, and if you were not aware of one and are funneled into the checkpoint, there are a few steps to take.
First and foremost, never be rude or resistant to police officers. Always remain cordial, but you do not have to give consent to a search if you do not wish to do so. You may not be under the influence of anything and not doing anything wrong, and they may attempt to search your vehicle.
If you are arrested based on a search at a checkpoint, make sure you contact a Draper DUI lawyer immediately to discuss your legal rights.
What Should I Do If I'm Arrested After a Traffic Stop?
Since Wisconsin does not permit DUI checkpoints because the state upholds the 4th Amendment, you are much more likely to be pulled over while driving your vehicle instead of encountering one of these types of roadblocks. If this occurs, always stop your vehicle, roll down your window, and keep your hands visible on the wheel.
Be polite to the police officer who approaches your vehicle. They may ask you questions about alcohol consumption or what you have been doing. You do not have to answer any questions that could incriminate you; however, you should be respectful when declining to answer.
The officer may ask you to take field sobriety tests, though you have the right to refuse them. You also have the right to refuse a chemical test. The biggest caveat in refusal to take these tests is that you may still be arrested. Refusing a chemical test will also result in automatic license revocation.
If you are arrested, whether you were intoxicated or not, it is vital to contact an attorney who represents individuals with DUI or OWI charges. While you await a discussion with your lawyer, you should not answer any questions, as your answers may be used against you. Simply tell the officers that you wish to remain silent and you want to speak to your lawyer. Your attorney will work to reduce or dismiss your charges, depending on the circumstances.
