Which States Prohibit DUI Checkpoints?

Based on the Fourth Amendment of the United States Constitution, many people believe that DUI checkpoints are violations of that amendment and are illegal. Although the Supreme Court has ruled that apprehending the drivers who are drunk outweighs the violation of their rights, many states still choose not to use DUI checkpoints.

Alaska

There are no laws stating that DUI checkpoints are illegal, but they choose not to hold them.

Idaho

Idaho's state law makes DUI checkpoints illegal. In 1988, the court made a ruling that legislative authority would be needed to set up a checkpoint. The only way that law enforcement could gain the right to set one up would be actual suspicion of a person.

Iowa

Iowa's state statute that concerns roadblocks does not allow DUI checkpoints, they are not permissable. The only roadblocks that are allowed are ones that are set up to check registrations, licenses and proper safety equipment.

Michigan

Michigan's state constitution does not allow DUI checkpoints. However, a Michigan case caused the Supreme Court's ruling that DUI checkpoints are legal in 1990. Michigan has continued to believe that DUI checkpoints are illegal and does not hold them.

Minnesota

Minnesota's state constitution does not allow DUI checkpoints. The belief in Minnesota is that DUI checkpoints will only be held if there is a rise in drunk driving arrest rates.

Montana

There are no laws in Montana stating that DUI checkpoints are illegal, but they choose not to hold them.

Oregon

Oregon believes that DUI checkpoints are illegal, based on the state's constitution. Legislative approval would be needed before they are held.

Rhode Island

In 1989, Rhode Island's court ruled that DUI checkpoints are a violation of the search and seizure clause of the state's constitution.

Texas

Texas believes that DUI checkpoints are illegal based on its interpretation of the federal constitution in a case in 1994.

Washington

Washington's state constitution makes DUI checkpoints illegal, unless approved by legislature.

Wisconsin

Wisconsin has a specific statute prohibiting DUI checkpoints. This law prohibits law enforcement from stopping a vehicle simply to determine its compliance with a state law.

Wyoming

Wyoming has a statute prohibiting DUI checkpoints. Roadblocks are only allowed to apprehend suspects that are fugitives.