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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.
- Some states conduct checkpoints more frequently than others.
- 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 year round |
| 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.