Requirements for a legal DWI Checkpoint

Both the United States Constitution and the Louisiana State Constitution, according to the US Supreme Court and the Louisiana Supreme Court, allow for law enforcement to set up checkpoints for various offenses. The Courts have allowed for checkpoints for the purpose of stopping and arresting intoxicated drivers, people operating their vehicles without insurance and without seatbelts, among other things.

In order for a checkpoint to pass constitutional muster, it must meet some requirements:

1. The location, time, and duration of the checkpoint, as well as any other regulations governing the operation of the checkpoint must be established by supervisory or administrative personnel with the law enforcement agency who are not involved in the operation of the checkpoint, itself. It is not required, but the cases recommend that these regulations be memorialized in writing.)

2. The law agency must provide advance warning to motorists using signs, flares, or other indicators of the official nature of the checkpoint.

3. The motorists must be detained for a minimal period of time.
   and

4. The officers must use a systematic, nonrandom criteria for stopping motorists.

The purpose of these rules is the “curtail the unbridled discretion of officers in the field.” State v. Jackson, 764 So.2d 64 (2000).

If you have questions about an arrest arising from a law enforcement checkpoint, call us at (318) 459-9111.