DUI Checkpoints - Who's Challenging Them?
A few weekends ago my wife and I encountered a police sobriety checkpoint on the way back from a party. My wife was driving after having two drinks over the span of 6 hours. We passed the checkpoint, but the experience left me a with very mixed feelings. Let me share...
At about 11:30 on a Saturday night we were returning home from the party, as we turned the corner onto a 4-lane road about 10 minutes from our home we saw a long line of cars and many police lights in the distance. We thought there might have been an accident and slowed down to join the traffic line. As we got closer we noticed at least a dozen police vehicles in the median between the 4 lanes and saw that they were doing a DUI checkpoint. No problem, we thought. My wife was driving, she was fine, and we inched along awaiting our turn. I've been through such checkpoints before. Usually they ask to see your license, take a quick glance to make sure the driver isn't bombed, and send you on your way.
But this was different. We got to our turn and two policemen asked my wife if she had a drank anything that night. She answered honestly (2 over 6 hours), then one officer asked her to follow his pen with her eyes back and forth one time. He evidently didn't like what he saw, so he asked her to step out of the vehicle and stand with a group of other suspicious folks leaning against the guardrail on the side of the road. The other officer hopped into my driver's seat and drove my car around to the side of the road in the opposite direction. He turned off the engine, took my keys and told me to sit tight.
So for at least 15 minutes I sat in the car craning my neck to see how my wife was doing back there. My mind ran through scenarios: Am I going to have to bail her out? How would I get home? What will the babysitter (and her parents) think? But my main feeling was anger. Anger that my wife was perfectly fine but now subject to risk of an officer's judgment or a Breathalyzer's technology.
Finally she walked back to the car and got the keys from the policeman. She passed. Sure enough, though, she had to go through the full battery of tests: walk the line, backwards alphabet, etc., and then a full breathalyser test. She was a bit unnerved by the experience and I was even more angry. It basically ruined the end of our night out - and those nights out alone are pretty rare due to my travel and our difficulties in finding a regular babysitter.
Does this challenge lead to improvement?
In some ways, I think these random DUI checkpoints are a good idea for society. They offer the immediate benefit of pulling dangerous drunks off the roads. And they sure can be a memorable deterrent; I know I'll be thinking about this vividly the next time I'm on the borderline of being safe to drive home. Overall, drunk driving is still a main cause of traffic accidents and deaths.
On the other hand, I really worry about the lack of challenge to the government organizations and police officers who conduct these checkpoints. For example:
- I believe the sobriety tests (except the breathalyzer) are engineered to provide officers with reasonable cause. In other words, everyone fails these tricks. Who challenges this?
- There is no cost to the police for wasting people's time or putting them through unnecessary tests
- Police departments receive big budgets for these checkpoints, it pays their salaries. They are rewarded for testing and arresting people - not for how many accidents they prevent (what we really want).
- The legal blood alcohol limit itself (.08 in most states) is unchallenged by debate or science
- There is an imbalance in the debate. Special interest like MADD fight for more regulation. Politicians see tougher DUI laws as an "easy win" to make them look like they are tough on crime. And average people (who may fall victim later) have no immediate pressure to protest. Who's going to prevent the BAC limit to fall to .06% or lower?
Thankfully, we have at least one ultimate check and balance in this country, as the Supreme Court weighed in this a few years ago. After Michigan found checkpoints illegal, the U.S. court overturned this decision 6-3. Some general guidelines were issued, but details were left to the states. (Below you can see the document we got from Hamilton County, Ohio, which tries to explain its process.) Since then, 11 states have found these checkpoints to violate their own state constitutions. So there's no consensus here.
At the end of the day, I think checkpoints can be a net positive. But I would like to see some push back in the system to drive improvement and accountability. Frankly, I'd rather the police pull out the obvious drunks (who cause the real wrecks), and let the rest of us get home.
What's your take? What's your experience?
(UPDATE: I find it interesting that since this post went up, I receive about 5-10 visitors on Fridays and Saturdays for people plugging in "DUI checkpoints Cincinnati". It goes to show a potential web 2.0 business, and that there is no end to how people will use the Internet to seek information!)










