Checkpoints are conducted. Their legality is upheld under federal Constitution.
Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcement officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrence program.
Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.
States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.
- 37 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
- In 13 states, sobriety checkpoints are not conducted. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). Texas prohibits them based on the its interpretation of the U.S. Constitution. Missouri law prohibits funds from being spent on checkpoint programs.
NOTE: GHSA does not compile any additional data on sobriety checkpoint laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office.
Checkpoints are conducted. Their legality is upheld under state and federal Constitution, and law enforcement must follow guidelines.
Checkpoints are conducted once or twice a month. Their legality is upheld under state and federal Constitution.
Checkpoints are conducted weekly (weather permitting). Their legality is authorized by statute, and must be judicially approved.
Checkpoints are conducted once or twice a month. Their legality is authorized by statute.
6 to 10 checkpoints are conducted each month. Their legality is upheld under state law.
Checkpoints are not conducted. Statute permits only safety spot-checks.
Checkpoints are authorized by law and their legality is upheld under state and federal Constitution. However, the state budget prohibits funds from being spent on them.
Checkpoints are conducted weekly. Their legality is upheld under federal Constitution.
Checkpoints are not conducted. They are illegal under state Constitution.