DUI Checkpoint Legality
Know Your Rights
Whether sobriety checkpoints are lawful in the state at all, roughly a dozen bar them under their own constitution or statute despite the federal position, plus the advance-publication, supervisory-approval and neutral-formula requirements that make an otherwise lawful checkpoint valid.
DUI Checkpoint Legality Rules by State
Statewide law governs this topic in many states. Each entry links to that state's full page.
Alabama
Some RestrictionsThe Alabama Legislature has never written a checkpoint statute. Searching the Code of Alabama on the Legislature's ALISON database returns zero sections containing roadblock…
Alaska
Few RestrictionsThe Alaska Legislature has never authorised a sobriety checkpoint. Read across all forty-six titles of the Alaska Statutes, the word checkpoint appears exactly once, in AS…
Arizona
Some RestrictionsArizona has no DUI checkpoint statute at all. The words "checkpoint" and "roadblock" appear nowhere in the Arizona Revised Statutes, so nothing in state law authorizes sobriety…
Arkansas
Some RestrictionsThe Arkansas Code authorises no sobriety checkpoint and prohibits none: the words checkpoint and roadblock do not appear anywhere in it in a traffic-stop sense, and the Code of…
California
Some RestrictionsSobriety checkpoints are lawful in California and stopping at one is a statutory obligation, not a courtesy. Vehicle Code § 2814.2(a) requires a driver to stop and submit to a sobriety…
Colorado
Some RestrictionsColorado never passed a law creating sobriety checkpoints. The word "roadblock" does not appear anywhere in the Colorado Revised Statutes, and "checkpoint" appears in the statutory…
Connecticut
Some RestrictionsConnecticut runs sobriety checkpoints without ever having legislated for them. A text search of the General Statutes and the 2026 Supplement on the Legislative Commissioners’ Office…
Delaware
Some RestrictionsThe words checkpoint, roadblock and sobriety checkpoint do not appear anywhere in Title 11 or Title 21 of the Delaware Code, so a Delaware sobriety checkpoint rests on constitutional…
District of Columbia
Some RestrictionsThe District of Columbia has never legislated sobriety checkpoints. The word checkpoint does not appear in the impaired-driving chapter at D.C. Code § 50-1901 et seq., in the traffic…
Florida
Some RestrictionsFlorida allows sobriety checkpoints, and the discretion of the individual trooper is what gets constrained. Fla. Stat. § 321.05(1) gives Florida Highway Patrol officers the power to…
Georgia
Some RestrictionsGeorgia allows roadblocks, and for the Georgia State Patrol the written rules sit in the Department of Public Safety Policy Manual at policy 17.16, last revised on October 6, 2025. A…
Hawaii
Some RestrictionsSobriety checkpoints are legal in Hawaii, where the statutes call them intoxicant control roadblocks. HRS §291E-19 lets the police departments of the four counties run them, but only…
Idaho
Few RestrictionsIdaho has a road block statute, and it does not authorise sobriety checkpoints. Idaho Code § 19-621 lets sheriffs, state policemen and policemen of cities of the first or second class…
Illinois
Some RestrictionsIllinois holds roadside safety checks, but the General Assembly never wrote a statute authorising or regulating them. The Illinois Vehicle Code mentions checkpoints exactly once, in a…
Indiana
Some RestrictionsIndiana runs sobriety checkpoints but has never passed a law authorizing them. The word "checkpoint" appears in exactly one section of the Indiana Code, Ind. Code § 9-19-10-3.1, and…
Iowa
Light RestrictionsIowa gives its police an express roadblock statute, chapter 321K, and then confines it. A routine vehicle roadblock may be run only as provided in that section, and the section lists…
Kansas
Some RestrictionsKansas runs sobriety checkpoints, but no Kansas statute authorises them. A full-text search of the Kansas Statutes Annotated returns zero hits for "checkpoint," "sobriety" and…
Kentucky
Some RestrictionsKentucky has no statute that authorises, defines or regulates a sobriety checkpoint. The only roadblock provision in the Kentucky Revised Statutes runs the opposite way: KRS 189.126…
Louisiana
Few RestrictionsLouisiana permits traffic checkpoints, but the Legislature has never written a sobriety checkpoint statute. The word sobriety appears in exactly one section of the entire Revised…
Maine
Some RestrictionsMaine calls the offence OUI, not DUI, and it has legislated about roadblocks without ever writing a sobriety checkpoint statute. The word "checkpoint" appears nowhere in the Maine…
Maryland
Some RestrictionsMaryland runs sobriety checkpoints and the General Assembly has legislated about them exactly once. Transportation section 25-114 defines a "checkpoint" as a predetermined fixed…
Massachusetts
Some RestrictionsThe Massachusetts General Laws contain no sobriety checkpoint statute. A full-text search returns nothing for roadblock, roadblocks or sobriety checkpoint, and the single hit for…
Michigan
Few RestrictionsMichigan does not run sobriety checkpoints, and the reason is unusual. Michigan's own checkpoint programme was the one the United States Supreme Court upheld under the Fourth Amendment…
Minnesota
Few RestrictionsMinnesota does not run sobriety checkpoints, and it never legislated for them. The words checkpoint and roadblock do not appear anywhere in chapter 169A, the impaired driving chapter…
Mississippi
Some RestrictionsMississippi has never enacted a statute authorising sobriety or driver licence checkpoints. The words sobriety and safety checkpoint return nothing in the Mississippi Code, and the…
Missouri
Some RestrictionsSobriety checkpoints are lawful in Missouri, but no Missouri statute authorises them or sets the rules for running one. The General Assembly legislated only around the edges. Mo. Rev…
Montana
Some RestrictionsMontana's checkpoint statute never uses the words sobriety or DUI. Section 46-5-502, MCA, lets a law enforcement agency set up a temporary roadblock within its jurisdiction for three…
Nebraska
Some RestrictionsThe Nebraska Legislature has never enacted a sobriety checkpoint statute. A keyword search of the entire Nebraska Revised Statutes and the state Constitution on the Legislature's own…
Nevada
Few RestrictionsThe word "checkpoint" does not appear anywhere in the Nevada Revised Statutes or in the Nevada Administrative Code. What Nevada does have is a two-part roadblock scheme in NRS chapter…
New Hampshire
Light RestrictionsNew Hampshire allows sobriety checkpoints, but only after a judge has approved the specific one. RSA 265:1-a forbids any law enforcement officer or agency from establishing or…
New Jersey
Some RestrictionsNew Jersey runs sobriety checkpoints, and the Legislature has never passed a statute authorizing or regulating them. The phrase "sobriety checkpoint" returns no documents at all in the…
New York
Some RestrictionsNo section of the New York Vehicle and Traffic Law authorizes sobriety checkpoints by name. The practice rests on Court of Appeals case law, chiefly People v. Scott, applied against…
North Carolina
Significant RestrictionsNorth Carolina is one of the few states whose legislature expressly authorized sobriety and license checkpoints by statute. N.C. Gen. Stat. § 20-16.3A lets any law enforcement agency…
North Dakota
Some RestrictionsNorth Dakota has one roadblock statute, chapter 24-15 of the Century Code, and its authorizing purpose is apprehending people wanted for violating the laws of this state, another state…
Ohio
Some RestrictionsSobriety checkpoints are lawful in Ohio, but no Ohio statute creates them. The Revised Code mentions them in exactly one place, R.C. 4511.043, which assumes an "authorized sobriety or…
Oklahoma
Some RestrictionsThe Oklahoma Legislature has never enacted a sobriety checkpoint scheme. A full-text reading of Titles 13, 22, 47 and 63 returns no instance of the words checkpoint or roadblock at…
Oregon
Few RestrictionsYou will not meet a sobriety checkpoint in Oregon. The Oregon Revised Statutes contain no roadblock or checkpoint authority of any kind for impaired driving, and the state's stop…
Pennsylvania
Some RestrictionsSobriety checkpoints are lawful in Pennsylvania, and the authority is a single clause in 75 Pa.C.S. § 6308(b) permitting an officer to stop a vehicle whenever he is engaged in a…
Rhode Island
Few RestrictionsThe Rhode Island General Assembly has never passed a sobriety checkpoint or roadblock statute. The words roadblock, checkpoint and sobriety checkpoint appear nowhere in the Criminal…
South Carolina
Some RestrictionsNo section of the South Carolina Code authorizes, defines, or regulates a DUI checkpoint. The words checkpoint and roadblock appear in exactly three sections of the whole code, and…
South Dakota
Some RestrictionsSouth Dakota does not use the phrase sobriety checkpoint anywhere in its code. What it has instead is a temporary roadblock statute, SDCL 32-33-10, enacted by SL 1961, ch 149, that…
Tennessee
Significant RestrictionsThe Tennessee General Assembly has never passed a checkpoint statute. The phrases sobriety checkpoint and checkpoint return zero results in a full-text search of the Tennessee Code…
Texas
Few RestrictionsThe Texas Legislature has authorized exactly one vehicle checkpoint program, and it has nothing to do with alcohol. Government Code Section 411.0095 lets the Department of Public…
Utah
Light RestrictionsUtah allows sobriety checkpoints, but only with a magistrate's written authorisation obtained in advance. Utah Code Section 77-23-104 requires a command level officer to file a signed…
Vermont
Some RestrictionsThe words checkpoint, roadblock, and sobriety checkpoint do not appear anywhere in Vermont's motor vehicle title, its crimes title, or its public safety title. Vermont has neither…
Virginia
Some RestrictionsVirginia law enforcement runs sobriety checkpoints, and the General Assembly legislated on that fact in 2023, but no section of the Code of Virginia authorizes or regulates them. Va…
Washington
Few RestrictionsWashington does not operate sobriety checkpoints, and no section of the Revised Code of Washington authorizes one. The only suspicionless power to stop a driver that the Legislature…
West Virginia
Some RestrictionsThe West Virginia Code neither authorises nor regulates sobriety checkpoints. The word checkpoint appears in a single section, §17G-1-2, and that entire chapter is of no force or…
Wisconsin
Few RestrictionsYou will not meet an OWI checkpoint in Wisconsin. Wis. Stat. § 349.02(2)(a) forbids a police officer, sheriff, deputy sheriff, traffic officer or motor vehicle inspector from stopping…
Wyoming
Light RestrictionsWyoming's only general roadblock statute, W.S. 7-17-102, lets peace officers stop all traffic for one stated purpose: apprehending people reasonably believed to be wanted for violating…
Cities & Counties with DUI Checkpoint Legality Rules
No locations have dui checkpoint legality data on file yet.
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