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DUI Checkpoints in PA: Should They Be Banned?

  

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DUI checkpoints are stationary roadblocks conducted by police officers who make suspicionless stops to check for intoxicated drivers.  If it is determined that a motorist who passes through a DUI checkpoint is intoxicated, he or she will be arrested for driving under the influence of alcohol or controlled substances under 75 Pa. C.S.A. § 3802, the PA DUI law.

DUI checkpoints are fairly common in Pennsylvania and other states, particularly during holiday weekends, when incidence of drunk driving tends to spike.  Public policy in PA tends to support the use of these DUI checkpoint measures because the checkpoints serve as a deterrent to potential PA drunk drivers.

Questioning the Constitutionality of DUI Checkpoints

Recently, however, lawmakers in at least two states have begun to reconsider the legality of DUI checkpoints under the Constitution.   Legislators in both Utah and New Hampshire will consider a law that would ban police from setting up DUI checkpoints altogether.  Supporters of these new proposals cite possible violations of citizens’ rights.  Specifically, the concern in both cases is that police are making these traffic stops without probable cause, thereby violating a person’s due process rights. 

Police and other supporters of DUI checkpoints argue that prohibiting the checkpoints would take a very important tool away from law enforcement in their fight against drunk drivers.  They argue that DUI checkpoints not only catch drunk drivers, but also serve as a deterrent for those who don’t want to take the chance of being arrested.   

What do you think?  Should Pennsylvania lawmakers consider a similar proposal to eliminate PA DUI checkpoints?  Do they constitute illegal search and seizure, or are they a necessary tool to aid police in keeping the roads safe?

Jason B. Martin is a Pennsylvania attorney and the founder of The Martin Law Firm, P.C., located in Blue Bell, Montgomery County, PA.  Visit our home page to view our practice areas, and contact The Martin Law Firm today for a free consultation.