Recently DWI checkpoints have been a hot topic in DWI law discussions. The United States Supreme Court has also reviewed the issue of the constitutionality of DWI checkpoints. The National Motorists Association reports that in Michigan Department of State Police v. Sitz, the Supreme Court held that the checkpoint in question did not overwhelmingly intrude on the motorists’ Fourth Amendment privacy rights. Crucial to the decision was the fact that out of 126 drivers, only three were stopped and asked to perform field sobriety tests. The court further held that generally, state DWI checkpoints are reasonable under the Fourth Amendment. However, it is important to note that police officers do not have an unfettered right to search a driver at a DWI checkpoint.
Please make certain to discuss the details surrounding the roadblock with our attorneys. We may want to challenge the lawfulness of the roadblock at a suppression hearing.