Let's Rethink Sobriety Checkpoints


Sobriety checkpoints were first introduced in Scandinavia in the 1930s. The United States adopted the practice in the 1980s, as Mothers Against Drunk Driving launched a widespread awareness campaign on the dangers of drunk driving. To date, sobriety checkpoints remain a controversial topic. A quick google search returns a swath of DUI lawyer webpages, advising drivers not to roll down their windows and consent to breathalyzer tests by authorities. Some argue that sobriety checkpoints violate the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable searches and seizures. These opponents maintain that authorities do not have the right to stop vehicles at checkpoints without probable cause.

The U.S. Supreme Court held up the legality of sobriety checkpoints in a 1990 decision, but ultimately it is up to the states. If you live in Oregon, chances are you may be unfamiliar with sobriety checkpoints because they were ruled unconstitutional in 1987. Oregon is one of a minority of states that do not allow the forced stopping of all motorists in an attempt to find drunk drivers. Thirty-eight states and Washington D.C. allow DUI checkpoints, but twelve states prohibit them by state law or state constitution.

The flaws associated with sobriety checkpoints are numerous. Critics frequently question their efficacy, pointing to cases where very few impaired drivers were actually cited. For example, a 2016 California checkpoint drew attention for stopping almost 1,400 drivers and failing to yield a single arrest. Checkpoints are also highly visible operations, and easily can be avoided by drivers. In fact, there’s an app for that. Checkpoints also come with high costs. The Los Angeles Police Department reportedly spent $16,200 per checkpoint in 2010, all of which was spent on officer overtime. Of course, these stories fail to capture the number of drivers who chose not to drink and drive due to perceived apprehension at a checkpoint.

Is there a more cost effective deterrent? A 2017 study by the National Highway Traffic Safety Administration found that flexible checkpoints are a useful and economical alternative. Also known as “phantom” or “mock” checkpoints, flexible checkpoints create the appearance of a traditional checkpoint by staging, but not fully staffing, a checkpoint operation. A small number of officers set up the signs and park one or more patrol vehicles at the site, but no drivers are stopped and no arrests are made. Flexible checkpoints can be moved to different locations over the course of an evening, and can be set up in locations that do not typically permit checkpoints, such as intersections. The primary goal is to spread awareness through observance and word of mouth, increasing the deterrent effect. States would be wise to adopt these strategies to supplement other enforcement activities to deter impaired driving.

Comments

Popular posts from this blog

The worst congestion in the world

The age of automation

Uh oh. Does Vision Zero Reinforce White Supremacy in the United States?