Drunk driving checkpoints are a way that police officers can catch drivers who are too impaired to drive, but aren’t caught in other ways. Some people question whether these checkpoints are legal because they target drivers who aren’t breaking laws.
The simplest answer about whether checkpoints are legal or not is that it depends on the circumstances. Checkpoints have specific legal requirements that they must comply with. The U.S. Supreme Court ruled that the intrusion on a driver’s rights isn’t as significant as the positive impact checkpoints have on public safety. As such, checkpoints are legal.
Do police officers target certain drivers in checkpoints?
In Maryland, police officers are required to use a set pattern to pull vehicles over. They can’t just choose them randomly. This could mean that they stop every fifth car or every car. The key is that the formula that’s used is clearly documented and followed.
Checkpoints must be set by supervisory officials and be minimally invasive. The officers can ask drivers for a license and registration and may look for signs of visible impairment. It’s not required that checkpoints be published in advance in Maryland, but some police departments provide advanced notice as a way to show that these checkpoints are for public safety.
If a driver is showing signs of impairment, they may undergo screening during the checkpoint. This comes with specific rights, so anyone who’s arrested due to a checkpoint should work with someone familiar with these cases to determine if things that occurred at the checkpoint should be used as part of a defense strategy.