DUI Checkpoints on the State, County, or City Line
If you have ever seen a DUI checkpoint on the state, county, or city line, you may have some questions. For example, you may wonder which laws apply if someone is arrested for DUI. Also, you may wonder if the checkpoint is legal, and whether the police can search cars that are stopped.
Which Laws Apply at a State/County/City Line DUI Checkpoint?
The state, county, or city on one side of the boundary may have different laws regarding DUI than the one on the other side of the boundary. For example, some cities in Oklahoma have municipal courts that handle DUI cases within the city limits. Outside the city, drivers are probably subject to state laws. So when police conduct a checkpoint right on the boundary line, it’s not always clear which laws apply.
There is no way of knowing in advance which laws apply – checkpoints are somewhat random, more than one police department might conduct the checkpoint, or drivers might be stopped so close to the actual boundary line that it’s hard to tell. If you were arrested at a DUI checkpoint and think that you didn’t violate the local laws, consult your DUI lawyer about challenging the arrest.
Are DUI Checkpoints Legal?
Most DUI checkpoints are likely legal according to a Supreme Court decision from 1990. Michigan Department of State Police v. Sitz, 496 U.S. 444. The case discussed a potential violation of the Fourth Amendment for possibly illegally “seizing” cars stopped at checkpoints. However, the Court found that the state’s interest in stopping drunk driving (among other interests) outweighed individual citizens’ liberty interests.
Can the Police Search Cars Stopped at a Checkpoint?
The same restrictions on searches of cars apply at DUI checkpoints as during routine traffic stops. Unless it’s an emergency or some other exception applies, the police may not be able to search closed compartments in your vehicle without your permission. This could include the trunk, maybe glove compartments, and closed packages stored in the car.
If you get arrested for DUI, at that point the police may be able to do a more extensive search. They also can do a more extensive search if they have probable cause or a warrant. But the laws on car searches are complicated, so you should speak to a lawyer about your rights if you have been arrested at a DUI checkpoint.
Have you been charged with a DUI in Oklahoma and don’t know where to turn? Seek out the attorney who knows the system. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.