What Are DUI Checkpoints?

DUI checkpoints (also called sobriety checkpoints) are temporary roadblocks where law enforcement officers stop vehicles to check drivers for signs of impairment. The U.S. Supreme Court has established that these checkpoints constitute a "seizure" under the Fourth Amendment, but they are permitted under certain conditions.

What Makes a Checkpoint Legal in Ohio?

For a checkpoint to be legal in Ohio, it must meet specific requirements based on both Ohio and U.S. Supreme Court precedents:

Safety and Visibility: The checkpoint must be positioned in a location that's safe and visible to approaching drivers.
Advance Warning: There must be adequate warning signs, illuminated at night, giving drivers timely notice of the upcoming checkpoint.
Visible Police Presence: Officers must be in uniform with official vehicles clearly visible, demonstrating the "police power of the community."
Limited Officer Discretion: The checkpoint must follow predetermined procedures established by administrative officers - not the officers in the field.
Statistical Justification: The location must have a documented history of alcohol-related crashes and violations.
Ability to Turn Around: Drivers must have the opportunity to legally avoid the checkpoint if they choose.

Important Legal Protections

Even at a legally established checkpoint, drivers still have significant legal protections:

Random Selection is Required

Officers cannot choose which vehicles to stop based on hunches or subjective criteria. The checkpoint must use a predetermined, random selection method (such as stopping every third car) to prevent officers from exercising unlimited discretion.

Legal Turns Are Protected

If a driver makes a legal turn before entering a checkpoint, this alone cannot constitute reasonable suspicion to stop them. The courts have consistently held that legally avoiding a checkpoint is not grounds for a stop.

Detention Must Be Brief

The initial detention at a checkpoint should be brief. Officers may only extend the detention if they develop individualized suspicion of impairment based on specific, articulable facts.

Alcohol Consumption Alone Isn't Enough

Simply having consumed alcohol (indicated by an odor of alcohol, bloodshot eyes, or even admission of drinking) does not automatically establish probable cause for arrest. As Ohio courts have noted, "The law does not prohibit driving after drinking alcohol; it prohibits driving when impaired by alcohol."

Common Defenses Against Checkpoint DUI Charges

Several effective defenses may be available if a person was charged at a checkpoint:

Improper Checkpoint Establishment: If the checkpoint wasn't properly authorized or didn't meet the criteria outlined above, evidence obtained may be suppressed.
Deviation from Procedures: If officers didn't follow the predetermined random selection method or other established protocols, this may undermine the legality of the stop.
Lack of Reasonable Suspicion: For detention beyond the initial checkpoint stop, officers need reasonable suspicion of impairment. If they lacked specific observations justifying further investigation, evidence gathered afterward may be challenged.
Improper Field Sobriety Testing: Even at checkpoints, field sobriety tests must be administered according to standardized procedures to be considered reliable.

What To Do If Charged at a Checkpoint

If charged with a DUI following a checkpoint stop:

Document everything remembered about the checkpoint, including visibility of warning signs, how officers were selecting vehicles, and the nature of the interaction.
Obtain legal representation familiar with Ohio's checkpoint requirements.
Request all documentation related to the checkpoint, including the administrative approval, statistical justification, and selection protocols.
Preserve any evidence that might contradict the officer's observations of impairment.

Ohio State Highway Patrol Checkpoint Policies

The Ohio State Highway Patrol has established detailed guidelines for conducting checkpoints, including:

Site selection based on statistical evidence of alcohol-related crashes and violations
Pre-approval requirements from administrative officers
Specific procedures for randomly selecting vehicles
Protocols for screening and diverting drivers
Requirements for field sobriety testing

Failure of law enforcement to follow these established policies can provide grounds for challenging a DUI charge.

Conclusion

DUI checkpoints exist in a specialized area of Fourth Amendment law. While courts have permitted their use, they've also established strict requirements to protect individual rights. If charged following a checkpoint stop, an experienced DUI defense attorney can evaluate whether the checkpoint was properly established and conducted, and whether the evidence was legally obtained.

Remember that each case is unique, and this information is not a substitute for personalized legal advice. Anyone facing charges following a checkpoint stop should consult with a qualified DUI defense attorney who can evaluate the specific circumstances of their case.

Ohio OVI Defense Attorneys