Sobriety Checkpoints

Sobriety checkpoints are locations where local police officers position themselves to check drivers for signs of intoxication and impairment. Legal issues have surrounded the use of sobriety checkpoints for years with many legal analysts arguing sobriety checkpoints are a violation of the Fourth Amendment of the Constitution of the United States which outlines protection for unreasonable searches and seizures of U.S. citizens. Legal analysts argue sobriety checkpoints do not support the notion of probable cause for a search of a person. Due to legal issues, not all states conduct sobriety checkpoints.

Currently 38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints. Another twelve states do not conduct sobriety checkpoints. The remaining states prohibit them by state law or Constitution (or interpretation of state law or Constitution). Texas prohibits them based on its interpretation of the U.S. Constitution.