Sobriety Checkpoint Laws

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.

  • 38 States, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
  • In 11 States, sobriety checkpoints are not conducted at all because they are either:
    • considered illegal by law or state constitution; or
    • the state has no explicit authority to conduct them.
  • Texas prohibits sobriety checkpoints based on their interpretation of the U.S. Constitution.

State

Checkpoints
Conducted?

Comments

Alabama

Yes

Conducted throughout the year

Alaska

No

No state authority

Arizona

Yes

Conducted at least once per month

Arkansas

Yes

Conducted weekly

California

Yes

Once or twice a month

Colorado

Yes

Once or twice a month

Connecticut

Yes

 

Delaware

Yes

Monthly January to June; weekly June through December

D.C.

Yes

Once or twice a month

Florida

Yes

Between 15-20 checkpoints are held monthly around the state.

Georgia

Yes

Conducted weekly

Hawaii

Yes

Conducted weekly

Idaho

No

Illegal under state law

Illinois

Yes

Several hundred per year

Indiana

Yes

 

Iowa

No

Not permitted because statute authorizing roadblocks controls and does not authorize sobriety checkpoints

Kansas

Yes

Once or twice a month

Kentucky

Yes

Conducted weekly

Louisiana

Yes

State Supreme Court guidelines allow checkpoints

Maine

Yes

 

Maryland

Yes

Weekly

Massachusetts

Yes

Conducted only during major holiday periods

Michigan

No

Illegal under state constitution

Minnesota

No

Illegal under state constitution

Mississippi

Yes

Conducted weekly

Missouri

Yes

Once or twice a month

Montana

No

Statute only permits safety spotchecks

Nebraska

Yes

6 - 10 per month

Nevada

Yes

Once or twice a month

New Hampshire

Yes

Weekly, weather permitting

New Jersey

Yes

Once or twice a month

New Mexico

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.

New York

Yes

Conducted weekly

North Carolina

Yes

Conducted weekly

North Dakota

Yes

 

Northern Mariana Islands

Yes

Twice a month

Ohio

Yes

Conducted regularly thoughout the year

Oklahoma

Yes

Once or twice a month

Oregon

No

Illegal under state constitution

Pennsylvania

Yes

Several hundred per year

Rhode Island

No

Illegal under state constitution

South Carolina

Yes

 

South Dakota

Yes

Conducted weekly

Tennessee

Yes

Once or twice a month

Texas

No

Illegal under Texas' interpretation of federal Constitution

Utah

Yes

About every other month

Vermont

Yes

Conducted weekly

Virgin Islands

Yes

Conducted monthly and during national mobilizations and local festivals and carnivals

Virginia

Yes

Conducted weekly

Washington

No

Illegal under state constitution

West Virginia

Yes

Conducted weekly

Wisconsin

No

Prohibited by statute

Wyoming

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.