Drunk Driving

DUI Checkpoints- Know More About Them

The menace of drunk driving or driving under influence has been on a constant rise. This has resulted in the authorities thinking about taking some tough measures to monitor and curb the occurrence of this offense. The law enforcement agencies have come up with a direct method to monitor the DUI offenders. It is called DUI checkpoints.

DUI checkpoints are used frequently by many states. However, at the time of holidays like New year's eve, these DUI checkpoints become a constant phenomenon.

These DUI checkpoints are used for monitoring any DUI violation and checking the driver's license and vehicle registration. Another purpose served by these DUI checkpoints is monitoring the court ordered as well a statutory restrictions laid on offenders.

The main reason behind setting up these DUI checkpoints is to promote the concept of road safety in the general public and to avoid any DUI offenses in order to protect the offenders from bearing the consequences. These DUI checkpoints have drastically increased in frequency because of their popularity with the law enforcement agencies.

The DUI checkpoints have to maintain a proper balance between legitimate public safety and the protection given to the citizen's against unreasonable search and seizure under the fourth amendment. There has to be proper care taken to ensure the level of public concern served by the search and seizure and the interference with the individual liberty. Due to this, in some states it is not considered valid to set up DUI checkpoints.

Sometimes there is an argument about whether these DUI checkpoints are legal or not. Well, to answer the question, they are legal and constitutional. The United States constitution clearly states that no one can be stopped and searched without any proper and probable cause (the cause should be a criminal activity).

Well the court states that the reason for stopping the cars is to ensure that there is no one driving under the influence or driving while intoxicated. The court also states that these DUI checkpoints are necessary and effective. This fact makes them legal and constitutional. \~ The court approves these DUI checkpoints because they are used for ensuring compliance with the law. Police power is used only for this purpose. The court however states that the police officer should not frisk a driver only because he/she looks inhibited. If at all the frisk is done than the officer will have to produce an evidence stating that the driver was dangerous.

Although popular perception does not support DUI checkpoints but no one can openly deny the fact they are legal and constitutional. Furthermore these DUI checkpoints are serving their purpose and are really helpful in curbing incidents of driving under influence. Therefore, DUI checkpoints should be judged according to their use.

Drunk Driving