Sobriety Checkpoints in Oklahoma
Oklahoma law enforcement uses sobriety checkpoints to help locate intoxicated or impaired drivers. These checkpoints, also called roadblocks or mobile checkpoints, slow down and inconvenience sober drivers, but Oklahoma law enforcement point to checkpoints’ efficacy in prevention and deterrence for the general public.
Sobriety checkpoints usually occur temporarily and in random locations, although law enforcement does publicize the locations of checkpoints ahead of time. At checkpoints, police or highway patrol stop drivers and briefly detain them to check driver’s licenses and sometimes ask a few questions such as “where are you driving from tonight?” The police are looking for signs of intoxication, such as slurred words or the smell of alcohol on the breath. They may glance inside the vehicle to look for visible beer cans or bottles of liquor.
Both the United States Supreme Court and the Oklahoma Court of Civil Appeals have found that sobriety checkpoints are legal. In Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), citizens argued that sobriety checkpoints violated the Fourth Amendment prohibition on unreasonable searches and seizures. The Supreme Court’s decision stated that states have a substantial government interest in stopping drunk driving, and that the use of sobriety checkpoints is rationally related to stopping drunk driving. Generally, the impact on drivers is negligible, and so is the infringement on Fourth Amendment rights due to brief questioning at the checkpoints. Id. After the decision came down, the NHSTA issued sobriety checkpoint guidelines for police departments.
Four years later, Oklahoma took up the same question as in Sitz. In Geopfert v. State ex rel. Dept. of Public Safety, 884 P.2d 1218 (Okla. App. 1994), the Oklahoma Court of Civil Appeals upheld the conviction of a DUI driver caught at a checkpoint. The court cited Sitz, explaining that the checkpoint in question took place on New Year’s Eve, was noted in the local paper, and had signs warning motorists posted before the roadblock. No one was detained if no signs of alcohol use were observed, and stops lasted only 10 to 15 seconds (compared to the 25 seconds in Sitz). Further, the roadblock did take some drunk drivers off the road, including the defendant. For all of those reasons, the court found that Fourth Amendment rights were not violated. Id.
Have you been charged with a DUI at a sobriety checkpoint in Oklahoma? 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, can advise you on the additional penalties you may face if convicted. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.