The legality of sobriety checkpoints

Put in many states in the nation, police DUI checkpoints to detect drunken drivers by surprise. Also composed of "sobriety checkpoints are typically 9-2 areas reported drinking and driving is common. At these checkpoints, all drivers must slow down in the street and an officer asked him to stop drinking the night before . Sometimes, but not all cars stop, but every couple of vehicles or drivers onlyThe officer has a reasonable suspicion of impaired driving. Moreover, some officials may stop a car that runs and runs in the opposite direction when the driver sees in front of the dam.

These posts are part of a broader strategy to enforce laws against drinking and driving approach. The checkpoint to make public the impression that the probability of getting caught while driving under the influence is very high and thus prevent them from doing so.

DUI Checkpointsto undermine the Fourth Amendment of the Constitution of the United States, which said:

"The right of citizens to be in their persons, houses, papers and effects secure against unreasonable searches and seizures, whether justified or not be violated, and make no warrants, but before the probable cause of the oath or affirmation, all, however, the description of the organization will be searched and the persons or things to be seized. "

Fourth Amendment protects humansarrested without probable grounds that a crime committed or without a warrant. Therefore, the constitutionality of sobriety checkpoints in Michigan V. seat has been contested (1990). The highest court in a decision of Split, which was declared unconstitutional DUI checkpoint even though the individual freedoms protected under the Fourth Amendment, because they are required to stop drunk driving and to prevent efficiently. However, have argued that judges dissenting Searchshows that the checkpoints are deemed ineffective and may even have negative effects.

Despite the judges decided that elements of the BDI are constitutional, many states have a number of different cases challenging the legality of the DUI checkpoints, according to their respective constitutions. Rhode Island is one of those States. Although many states have upheld the checkpoints in the rule of law because the process of 1989 Primental c. Rhode Island DUI checkpointunconstitutional in Rhode Island.

For more information about drinking and driving laws in Rhode Island, visit the website of the Rhode Island drunk driving defense James Powderly.