Skip to main navigationSkip to News Headlines
Global Navigation
Office of The Attorney General
The State of New Jersey Office of The Attorney General (Dept. of Law & Public Safety) The State of New Jersey Services A to Z Services A to Z Departments/Agencies OAG Frequently Asked Questions
OAG Home
OAG Home OAG Contact
Division of Alcoholic Beverage Control
Division of Consumer Affairs
Division of Criminal Justice
Division on Civil Rights
Division of Gaming Enforcement
Division of Highway Traffic Safety
Occupant Protection
Vehicle and Motorcycle Safety
Impaired and Distracted Driving
Pedestrian and Bicycle Safety
Police and Enforcement Resources
Office of the Insurance Fraud Prosecutor
Juvenile Justice Commission
Division of Law
NJ Racing Commission
Public Integrity and Accountablity
State Athletic Control Board
Division of NJ State Police
Victims of Crime Compensation Board
OPRA - Open Public Records Act
Division of Highway Traffic Safety
Division of Highway Traffic Safety
Child Safety Seats Seat Belt Safety Pedestrian Safety Bicycle Safety Alcohol Awareness Police Crash Investigation Training Automobile Safety
Sobriety Checkpoints
Drive Sober or Get Pulled Over
arrow Introduction
arrow Talking Points
arrow Fact Sheet
arrow Checkpoints
  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.  
  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.  
  The Goal is Prevention  

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.
  Benefits of Small Scale Checkpoints  
  The use of small scale checkpoints can result in:  
More Efficient Use Personnel Resources
Increased Visibility and General Deterrence Through Greater Mobility
Lower Operational Costs
More Participation By Smaller Agencies
  Small Scale Checkpoint Tips  
Small scale sobriety checkpoints can operate under the same guidelines as large scale programs, while using only five or more officers.
Duties can be shared by all personnel assigned to staff the checkpoint.
Sobriety checkpoints must be staffed by uniformed officers.
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.
Checkpoints should be well publicized to establish a "perception of risk" in the community.
  Small Scale Checkpoint Planning Considerations  
Prosecutorial and Judicial Support
Review of Existing Laws and Departmental Policy
Operational Briefings and Jurisdiction Review
Contingency Plans, Mutual Aid Agreements
Site Locations (Demographics and Volume)
Sufficient Warning Devices
Visible Police Authority
Detection, Investigation Techniques and Training
Chemical Testing Capability
Public Information, Education and Outreach Strategies
Data Collection and Evaluation
  Are Sobriety Checkpoints Legal?  

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.
OAG Home Division of Highway Traffic Safety Director
Division of Highway Traffic Safety Director's Biography and Message
HTS Home HTS en Español
Contact HTS HTS News/Events
HTS FAQs HTS Library
About HTS Police Resources
Seat / Belt Laws Proposed Rules
HTS Grants HTS Services A-Z
Fatalities on NJ Roads - Put the Brakes on Fatalities
Driving Under the Influence in New Jersey
Click It or Ticket - Seat Belts Save Lives!
Bicycle and Pedestrian Safety
Motor Vehicle Commission's Motorcycle Safety
Video Lending Library
Protect Your Children by Checking Their Car Seats
Dial #77 on your cell phone to report agressive drivers
NJ Sex Offender Registry
NJ Amber Alert Plan
Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
NJ Home Logo
Divisional: HTS Home | about HTS | contact HTS | faqs | news | HTS library | HTS grants

Departmental: OAG Home | Contact OAG | About OAG | OAG News | OAG FAQs

Statewide: NJ Home | Services A to Z | Departments/Agencies | FAQs
Copyright © State of New Jersey
This page is maintained by OAG Communications. Comments/Questions: email or call 609-292-4925
OAG Home OAG Home more news...