Sobriety Checkpoint Laws

November 2009

Sobriety checkpoints (also called roadside safety checks) are often used as part of comprehensive enforcement strategy aimed at deterring alcohol-impaired driving.

Because of constitutional issues and legal rulings, not all states conduct sobriety checkpoints.

  • 38 States, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
  • Some states conduct checkpoints more frequently than others.
  • In 11 States, sobriety checkpoints are not conducted at all because they are either:
    • considered illegal by law or state constitution; or
    • the state has no explicit authority to conduct them.
  • Texas prohibits sobriety checkpoints based on their interpretation of the U.S. Constitution.

State

Checkpoints
Conducted?

Comments
Alabama Yes Conducted throughout the year
Alaska No No state authority
Arizona Yes Conducted at least once per month
Arkansas Yes Conducted weekly
California Yes Once or twice a month
Colorado Yes Once or twice a month
Connecticut Yes  
Delaware Yes Monthly January to June; weekly June through December
D.C. Yes Once or twice a month
Florida Yes Between 15-20 checkpoints are held monthly around the state.
Georgia Yes Conducted weekly
Hawaii Yes Conducted weekly
Idaho No Illegal under state law
Illinois Yes Several hundred per year
Indiana Yes  
Iowa No Not permitted because statute authorizing roadblocks controls and does not authorize sobriety checkpoints
Kansas Yes Once or twice a month
Kentucky Yes Conducted weekly
Louisiana Yes State Supreme Court guidelines allow checkpoints
Maine Yes  
Maryland Yes Weekly
Massachusetts Yes Conducted year round
Michigan No Illegal under state constitution
Minnesota No Illegal under state constitution
Mississippi Yes Conducted weekly
Missouri Yes Once or twice a month
Montana No Statute only permits safety spotchecks
Nebraska Yes 6 - 10 per month
Nevada Yes Once or twice a month
New Hampshire Yes Weekly, weather permitting
New Jersey Yes Once or twice a month
New Mexico Yes New Mexico case law determined that checkpoints set up to detect and apprehend drunk drivers are constitutionally permissable as long as law enforcement follows eight guidelines to ensure their reasonableness.
New York Yes Conducted weekly
North Carolina Yes Conducted weekly
North Dakota Yes  
Northern Mariana Islands Yes Twice a month
Ohio Yes Conducted regularly thoughout the year
Oklahoma Yes Once or twice a month
Oregon No Illegal under state constitution
Pennsylvania Yes Several hundred per year
Rhode Island No Illegal under state constitution
South Carolina Yes  
South Dakota Yes Conducted weekly
Tennessee Yes Once or twice a month
Texas No Illegal under Texas' interpretation of federal Constitution
Utah Yes About every other month
Vermont Yes Conducted weekly
Virgin Islands Yes Conducted monthly and during national mobilizations and local festivals and carnivals
Virginia Yes Conducted weekly
Washington No Illegal under state constitution
West Virginia Yes Conducted weekly
Wisconsin No Prohibited by statute
Wyoming No Prohibited by interpretation of roadblock statute
Total 38 States + D.C., Northern Mariana Islands, Virgin Islands  

Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.