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Sobriety
Checkpoints |
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Sobriety
checkpoints are an effective law enforcement tool
involving the stopping of vehicles or a specific
sequence of vehicles, at a predetermined fixed
location to detect drivers impaired by alcohol
and/or other drugs. These operations not only
serve as a specific deterrent by arresting impaired
drivers who pass through the checkpoints, but
more importantly, as a general deterrent to persons
who have knowledge of the operation. Sobriety
checkpoints increase the perception of the risk
of arrest, if they are adequately publicized and
highly visible to the public. |
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Staffing requirements for checkpoints are dependent
on many factors, but most importantly the location
and traffic volume of the selected site. The traditional
sobriety checkpoint is resource intensive for
both uniform and support personnel, in order to
set up and conduct the operation safely. Resource
intensive operations discourage a number of law
enforcement agencies from conducting sobriety
checkpoints, particularly smaller agencies or
others that can ill-afford to dedicate limited
staff to such an operation. The end result is
that some small agencies are reluctant to use
this effective tool. This results in less frequent
use of checkpoints, and correspondingly, less
exposure and awareness by the public and a reduced
perception of risk of arrest for DWI. This may
be overcome by partnering with other agencies
in the immediate area. |
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The Goal is Prevention |
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The key to deterring impaired driving is
highly visible enforcement. Prevention and
not arrest is the goal. The research is
clear on the affect highly visible enforcement
has on deterring impairing driving. When
drivers perceive the risk of being caught
is high, their behavior changes immediately.
This is the basis of the Drive Sober
or Get Pulled Over Crackdown. The message
is simple, direct, relevant and it works
-- having already influenced many citizens
nationwide not to drink and drive. In most
cases, reduced staff checkpoints can be
as effective as large scale activities in
preventing impaired driving if the effort
is correctly publicized to increase the
perception of being caught. |
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Benefits of Small Scale Checkpoints |
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The use of small scale checkpoints can result in: |
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More
Efficient Use Personnel Resources |
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Increased Visibility and General Deterrence Through
Greater Mobility |
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Lower Operational Costs |
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More Participation By Smaller Agencies |
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Small Scale Checkpoint Tips |
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Small scale sobriety checkpoints can operate
under the same guidelines as large scale
programs, while using only five or more
officers. |
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Duties can be shared by all personnel assigned
to staff the checkpoint. |
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Sobriety checkpoints must be staffed by uniformed
officers. |
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The safety and convenience of motorists and law
enforcement personnel are priorities and
must not be compromised. Well designed operational
procedures help ensure that small scale
sobriety checkpoints are used legally, effectively
and safely. |
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Checkpoints should be well publicized to establish
a "perception of risk" in the
community. |
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Small Scale Checkpoint Planning Considerations |
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Prosecutorial and Judicial Support |
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Review of Existing Laws and Departmental Policy |
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Operational Briefings and Jurisdiction Review |
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Contingency Plans, Mutual Aid Agreements |
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Site Locations (Demographics and Volume) |
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Sufficient Warning Devices |
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Visible Police Authority |
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Detection, Investigation Techniques and Training |
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Chemical Testing Capability |
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Public Information, Education and Outreach Strategies
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Data Collection and Evaluation |
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Are Sobriety Checkpoints
Legal? |
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The U.S. Supreme Court in 1990 (Michigan
v. Sitz) upheld the constitutionality of
sobriety checkpoints. The Court held that
the interest in reducing alcohol-impaired
driving was sufficient to justify the brief
intrusion of a sobriety checkpoint. If conducted
properly, sobriety checkpoints do not constitute
illegal search and seizure in most states.
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