Sobriety Checkpoint Laws

March 2013
Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program.
Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.

States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.

38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
In 12 states, sobriety checkpoints are not conducted. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). Texas prohibits them based on the its interpretation of the U.S. Constitution.

NOTE: GHSA does not compile any additional data on sobriety checkpoint laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office.

State	Checkpoints Conducted?	Frequency	Legality
Alabama	Yes	Throughout the year	Upheld under federal Constitution
Alaska	No		No state authority
Arizona	Yes	At least once per month	Upheld under federal Constitution
Arkansas	Yes	Weekly	Upheld under state and federal Constitution
California	Yes	2,500+ annually	Upheld under state and federal Constitution
Colorado	Yes	Once or twice a month	Upheld under state and federal Constitution
Connecticut	Yes		Upheld under state Constitution
Delaware	Yes	Monthly January to June; weekly July through December	Upheld under state law and federal Constitution
D.C.	Yes	Once or twice a month	Upheld under federal Constitution
Florida	Yes	Between 15-20 per month	Upheld under federal Constitution
Georgia	Yes	Weekly	Upheld under state and federal Constitution
Hawaii	Yes	Weekly	Authorized by statute
Idaho	No		Illiegal under state law
Illinois	Yes	Several hundred per year	Upheld under federal Constitution
Indiana	Yes		Upheld under state Constitution
Iowa	No		Not permitted - statute authorizing roadblock controls does not authorize sobriety checkpoints
Kansas	Yes	Once or twice a month	Upheld under state law and federal Constitution
Kentucky	Yes	Weekly	Upheld under federal Constitution
Louisiana	Yes		Upheld under state Constitution
Maine	Yes		Upheld under federal Constitution
Maryland	Yes	Weekly	Upheld under state and federal Constitution
Massachusetts	Yes	Year round	Upheld under state and federal Constitution
Michigan	No		Illegal under state Constitution
Minnesota	No		Illegal under state Constitution
Mississippi	Yes	Weekly	Upheld under federal Constitution
Missouri	Yes	Once or twice a month	Upheld under state and federal Constitution
Montana	No		Statute permits only safety spotchecks
Nebraska	Yes	6 - 10 per month	Upheld under state law
Nevada	Yes	Once or twice a month	Authorized by statute
New Hampshire	Yes	Weekly, weather permitting	Authorized by statute (must be judicially approved)
New Jersey	Yes	Once or twice a month	Upheld under state and federal Constitution
New Mexico	Yes		Upheld under state and federal Constitution (law enforcement must follow guidelines)
New York	Yes	Weekly	Upheld under federal Constitution
North Carolina	Yes	Weekly	Authorized by statute
North Dakota	Yes		Upheld under state and federal Constitution
Northern Mariana Islands	Yes	Twice a month
Ohio	Yes	Year round	Upheld under state and federal Constitution
Oklahoma	Yes	Once or twice a month	Upheld under state and federal Constitution
Oregon	No		Illegal under state Constitution
Pennsylvania	Yes	Several hundred per year	Upheld under state and federal Constitution
Rhode Island	No		Illegal under State Supreme Court decision
South Carolina	Yes		No state authority
South Dakota	Yes	Weekly	Upheld under state and federal Constitution
Tennessee	Yes	Once or twice a month	Upheld under state and federal Constitution
Texas	No		Illegal under Texas' interpretation of federal Constitution
Utah	Yes	About every other month	Authorized by statute
Vermont	Yes	Weekly	Upheld under state and federal Constitution
Virgin Islands	Yes	Monthly and during national mobilizations and local festivals and carnivals
Virginia	Yes	Weekly	Upheld under state and federal Constitution
Washington	No		Illegal without authorizing statute per State Supreme Court (Seattle v. Mesiani; 1988)
West Virginia	Yes	Weekly	Upheld under state and federal Constitution
Wisconsin	No		Prohibited by statute
Wyoming	No		Prohibited by interpretation of roadblock statute
Total States	38 + D.C., Northern Mariana Islands, Virgin Islands