Police generally cannot stop a car unless they have reasonable suspicion
to believe a crime or traffic violation has occurred. So, why can police
set up sobriety checkpoints without any evidence of drunk driving, a crime,
or any other traffic violation?
Are DUI Checkpoints Legal in Tennessee?
Sobriety checkpoints, also known as DUI checkpoints or roadblocks, are
legal in Tennessee. DUI checkpoints are traffic stops set up by police
officers to catch drunk drivers and deter motorists from driving while
intoxicated. The roadblock locations are chosen at random and are only
temporary.
When Are DUI Checkpoints Illegal?
Law enforcement must provide the public with the location and dates of
DUI checkpoints in advance. If the police fail to provide notice of a
sobriety checkpoint, then it is illegal under state law.
What Is the Fourth Amendment?
The Fourth Amendment protects citizens from unreasonable search and seizures.
When the police pull over a car, it is considered a seizure under the
Fourth Amendment. Only if the police have reasonable suspicion or probable
cause that unlawful conduct has occurred are search and seizures are allowed
under the Fourth Amendment of the United States Constitution.
For example, if the cop reasonably believes the driver has committed a
crime or traffic violation, he has reasonable suspicion to pull over the
vehicle. However, with a sobriety checkpoint, police officers stop every
vehicle, whether they believe the driver did something wrong or not, on
a blocked road.
Are DUI Checkpoints Legal Under the Fourth Amendment?
The United States Supreme Court has ruled that driving under the influence
(DUI) checkpoints are legal under certain circumstances. It ruled that
DUI checkpoints do not violate a driver’s Fourth Amendment rights.
According to the Supreme Court,
the importance of keeping drunk drivers off the road outweighs the privacy
rights of drivers.
The Supreme Court has also ruled that not every detention at a checkpoint
is lawful, although sobriety checkpoints are lawful. If the police detain
a driver for a longer period than necessary or search the vehicle without
any evidence of a crime, at that point, the stop becomes illegal—for
going beyond what was reasonable—under the Fourth Amendment. As
for all search and seizures, whether a DUI checkpoint is legal depends
on the circumstances.
If you have been arrested for driving under the influence, an
experienced criminal defense attorney can tell you what laws apply to your case and what defense might work.
Knoxville criminal defense attorney Joseph A. Fanduzz is a seasoned trial
lawyer in Tennessee
Contact the Law Office of Joseph A. Fanfuzzat {F:P:Site:Phone} today to talk to an experienced criminal defense attorney.