Are DUI Checkpoints Even Legal in New York State?

Many New Yorkers are getting ready to get together with friends to celebrate the beginning of a fresh new year. However, the unfortunate reality is also that many people will overindulge and make the decision to get behind the wheel and drive under the influence.

If you think that having a few drinks and then driving is no big deal, consider this. The New York State Police report that more than 30% of fatal accidents in the state are alcohol-related, with alcohol-related injuries occurring every 2 minutes on average. If that still doesn't get your attention, consider this - New York State Police also report that drunk drivers cause more than 17,000 deaths every single year.

To combat drunk driving, police departments often set up DWI/DUI checkpoints at various locations, especially around the time of New Year's celebrations. However, we live in an age when everything is in question, including whether or not these checkpoints are even legal in New York.

Under New York State law, there is no explicit statement declaring DUI checkpoints as legal or illegal. However, a ruling by the U.S. Supreme Court in 1990 upheld the legality of sobriety checkpoints which means that on the federal level, DUI checkpoints are legal.

In the 1990 court decision, Chief Justice William Rehnquist emphasized that the benefit of reducing drunk driving outweighed any concerns about the checkpoints intruding on individuals' privacy rights. The court deemed sobriety checkpoints consistent with the Fourth Amendment of the Constitution.

While the Supreme Court has validated the legality of these checkpoints, certain guidelines must be observed by law enforcement agencies to ensure that the rights of motorists are respected during the checkpoint process.

Get our free mobile app

According to legal experts, sobriety checkpoints are considered valid and lawful as long as specific rules are followed.

To conduct lawful DUI checkpoints in New York State, law enforcement agencies must adhere to specific guidelines. This includes giving advance public notification of the checkpoint's location and purpose, ensuring minimal disruption to drivers, using clear warning signs and lights to alert drivers, limiting the duration of stops, employing a random selection method for vehicles, and having a supervising officer present to oversee the checkpoint's operations.