Can Law Enforcement Officers Legally Screen Drivers for DUI/DWI?
In previous blogs, we have stressed that, in order to pull you over while driving, police officers must have reasonable suspicion to believe that you have committed or are committing a crime, traffic violation or other infraction. Law enforcement officers cannot randomly single you out and try to determine if you’re driving while intoxicated or under the influence of drugs or alcohol. But what about a sobriety checkpoint, where all motorists are screened for potential DWI/DUI? Is that legal in New Jersey? If so, under what conditions?
What Is a Sobriety Checkpoint?
A sobriety checkpoint is a specific location on the roadways where state or local police officers set up a roadblock, screening all drivers who come through for signs of intoxication or drug use. These checkpoints are more common during times when law enforcement officers anticipate more alcohol use, such as holiday weekends or in conjunction with large public events.
Are Sobriety Checkpoints Legal in New Jersey?
Yes. Under the provisions of the New Jersey state constitution, police officers may establish and operate sobriety checkpoints, provided a number of guidelines are followed:
- Police officers may not unilaterally decide to set up a checkpoint. It must be authorized by a high-ranking law enforcement official, such as the chief of police or the local prosecutor.
- The officers conducting the screening may not target individuals in protected classifications, such as women or persons of color.
- The location itself must be selected based on neutral criteria, such as DWI/DUI arrest statistics or accident data.
- When conducting the screening, officers must use commonly accepted procedures, such as field sobriety tests, and standardized DUI/DWI questions.
- There must be advance public notice of the checkpoint, indicating both its location and the purpose of the checkpoint.
- The checkpoint must not lead to undue or unnecessary delays in traffic.
- There must be reasonable safety measures in place to protect both officers and travelers.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who has been stopped for or charged with driving while intoxicated or under the influence. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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