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Issue Brief: Drunk and Drug Impaired Driving |
Sobriety checkpoints (also called roadside safety checks) are often used as part of comprehensive enforcement strategy aimed at deterring alcohol-impaired driving.
Because of constitutional issues and legal rulings, not all states conduct sobriety checkpoints.
State |
Checkpoints |
Comments |
|
Yes |
Conducted throughout the year |
|
|
No |
No state authority |
|
|
Yes |
Conducted at least once per month |
|
|
Yes |
Conducted weekly |
|
|
Yes |
Once or twice a month |
|
|
Yes |
Once or twice a month |
|
|
Yes |
|
|
|
Yes |
Monthly January to June; weekly June through December |
|
|
Yes |
Once or twice a month |
|
|
Yes |
Between 15-20 checkpoints are held monthly around the state. |
|
|
Yes |
Conducted weekly |
|
|
Yes |
Conducted weekly |
|
|
No |
Illegal under state law |
|
|
Yes |
Several hundred per year |
|
|
Yes |
|
|
|
No |
Not permitted because statute authorizing roadblocks controls and does not authorize sobriety checkpoints |
|
|
Yes |
Once or twice a month |
|
|
Yes |
Conducted weekly |
|
|
Yes |
State Supreme Court guidelines allow checkpoints |
|
|
Yes |
|
|
|
Yes |
Weekly |
|
|
Yes |
Conducted only during major holiday periods |
|
|
No |
Illegal under state constitution |
|
|
No |
Illegal under state constitution |
|
|
Yes |
Conducted weekly |
|
|
Yes |
Once or twice a month |
|
|
No |
Statute only permits safety spotchecks |
|
|
Yes |
6 - 10 per month |
|
|
Yes |
Once or twice a month |
|
|
Yes |
Weekly, weather permitting |
|
|
Yes |
Once or twice a month |
|
|
Yes |
New Mexico case law determined that checkpoints set up to detect and apprehend drunk drivers are constitutionally permissable as long as law enforcement follows eight guidelines to ensure their reasonableness. |
|
|
Yes |
Conducted weekly |
|
|
Yes |
Conducted weekly |
|
|
Yes |
|
|
Yes |
Twice a month |
|
|
Yes |
Conducted regularly thoughout the year |
|
|
Yes |
Once or twice a month |
|
|
No |
Illegal under state constitution |
|
|
Yes |
Several hundred per year |
|
|
No |
Illegal under state constitution |
|
|
Yes |
|
|
|
Yes |
Conducted weekly |
|
|
Yes |
Once or twice a month |
|
|
No |
Illegal under Texas' interpretation of federal Constitution |
|
|
Yes |
About every other month |
|
|
Yes |
Conducted weekly |
|
Yes |
Conducted monthly and during national mobilizations and local festivals and carnivals |
|
|
Yes |
Conducted weekly |
|
|
No |
Illegal under state constitution |
|
|
Yes |
Conducted weekly |
|
|
No |
Prohibited by statute |
|
|
No |
Prohibited by interpretation of roadblock statute |
|
|
Total |
38 States + D.C., Northern Mariana Islands, Virgin Islands |
|
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices. Most recently reviewed July, 2008.
