The United States Supreme Court Decided in 1980 (Michigan v. Sitz) that roadside checkpoints were constitutional. However, that does not mean that the police can simply put up a roadblock wherever and whenever they want. There are certain Constitutional Requirements in order for a roadblock to be legal . These requirements include, but are not limited to:
1. Stopping every vehicle or vehicle at a set interval.
2. There must be a legitimate objective of the roadblock. So, it cannot be just for "general law enforcement purposes."
3. The sobriety checkpoint must be marked as such.
4. It cannot be a "rolling roadblock."
5. There must be reasonable suspicion to ask a driver to exit his vehicle. Otherwise, any delay must be negligible.
6. There must also supervisor that approves and supervises the checkpoint.
If you are stopped at a sobriety checkpoint, it is important to have your case evaluated by a Qualified DUI Lawyer.
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