A DUI checkpoint is different than a traffic stop. At the checkpoint, the police officers will block the road and at least minimally engage with every driver. They may want to see the person’s driver’s license and then ask them questions. If they suspect that the driver is impaired, they can pull that driver over for further testing.
Some people believe that DUI checkpoints are unconstitutional or illegal. This is a common misconception. They certainly can be used under Ohio law.
The police just have to take all of the proper steps to establish the checkpoint. If they fail to do so, then it could be a Fourth Amendment violation – an unreasonable search or seizure. But as long as the police department takes all the correct steps first, they can use DUI checkpoints and they can make arrests at those checkpoints.
What is required?
The police department is essentially required to advertise the DUI checkpoint. They have to tell drivers the date on which they’re going to set it up, the time at which it will run and where it’s going to be located.
For instance, the police may release a specific intersection where they want to run a checkpoint. They will state that it’s going to happen on the next weekend, starting in the evening on Friday and not ending until the evening on Sunday. As long as they do this, they can then establish the checkpoint, as drivers have all the information they need to avoid that checkpoint if they wish.
Are you facing DUI allegations after going through a checkpoint? Be sure you fully understand all of your criminal defense options.