Sobriety Checkpoint Laws
March 2013Sobriety 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.
- 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 |
Sources: Insurance
Institute for Highway Safety (IIHS) and State Highway Safety Offices.