Sobriety Checkpoints

Sobriety checkpoints are popular tools among police departments in Missouri to arrest suspected drunk drivers. On any given night you might suddenly find yourself approaching one. They are so popular that the National Highway Traffic and Safety Administration has its own how-to guide for police departments that want to run a checkpoint.

The use of sobriety checkpoints is still a controversial subject in the legal community. The Supreme Court of the United States officially sanctioned them in 1993 in a case called Michigan Department of State Police v Sitz. This case posed the question whether a State's use of highway sobriety checkpoints violated the Fourth and Fourteenth Amendments to the United States Constitution. The Supreme Court ruled that it did not. It was a 6-3 decision meaning that not all of the Justices agreed. There are organizations dedicated to the elimination of all roadblocks

As soon as a driver enters a checkpoint he or she is being evaluated for signs of intoxication. The officer who leans into your window to greet you is trying to smell your breath for alcohol. He or she is looking into your eyes to see if they look bloodshot or watery. When they ask for your license they are evaluating your ability to retrieve it from your wallet or purse. They will try to engage you in conversation to see if your speech is slurred.

You do not have to answer any questions that are posed to you at a roadblock. Keep in mind if you do not, you are going to be more closely scrutinized and maybe even threatened with arrest. I once purposely pulled my motorcycle into a drug checkpoint in Phelps County, Missouri just to see how they conducted it. They have it at I-44 and Sugar Tree Road on a regular basis. When you approach that exit on the Interstate a sign warns of a drug checkpoint further down the highway. Anybody who then gets off at Sugar Tree Road is subject to a search. The performance of the officers was less than satisfactory on many counts.

Keep in mind when you approach a roadblock or sobriety checkpoint that you are being watched. If you try to avoid it by pulling over, turning off the road or making a u-turn, you will be pursued by an officer who has parked nearby to watch for such activity.

A sobriety checkpoint is supposed to be a minimal intrusion. That is one of the legal justifications for allowing them. If the police seem to be delaying your departure, ask them if you are free to leave. If they say no, you are clearly under investigation at that point.