"DUI Checkpoints are illegal in Rhode Island; however…"
02/18/2012 01:37 PM Categories: DUI Law | DWI Law | OWI Law | Rhode Island | DUI Checkpoints
DUI checkpoints continue to generate a lot of debate and discussion.
The latest skirmish involving DUI checkpoints comes from at least two states that are now reconsidering the legality and effectiveness of DUI checkpoints in the first place. In Utah, a bill will soon be considered by the state House of Representatives that would completely ban police from setting up DUI checkpoints, FOX 13 reports. Utah state Rep. David Butterfield, a sponsor of the bill, believes that DUI checkpoints violate citizens' rights against unreasonable searches. "The Utah Supreme Court and the United States Supreme Court have both held that they are constitutional under very narrow guidelines, but that's problematic," he said.
Similarly, WestIslip Patch reports, New Hampshire lawmakers are also considering a proposal to prohibit state police from setting up DUI checkpoints, again citing possible violations of citizen's civil rights. According to the Patch, New Hampshire lawmakers are concerned with citizens' "due process rights when they are arrested for other violations or their vehicles are searched."
Supporters of DUI checkpoints such as Mothers Against Drunk Driving argue that the tactic does improve public safety. They add that checkpoints do not violate civil rights because citizens are only detained briefly and strict guidelines govern what police may and may not do in connection with the checkpoints.
The current debate follows the discussion in many jurisdictions last year as to whether it is a good thing or a bad thing for people to spread the word that checkpoints are in place at a particular time and place. In May 2011, I wrote here about how several senators were pressing Apple, Google and Research In Motion to stop selling or otherwise making available smartphone apps that help drunk drivers avoid DUI checkpoints, asserting that such apps were "harmful to public safety."
In December 2011 I noted that police in Edmonton and Calgary, Canada, had begun asking the public to refrain from tweeting the locations of DUI checkpoints set up to catch drunk drivers, because they said doing so may put other motorists in danger. This position was not shared by police in Saskatoon, Canada, however, who took the opposite approach and even started alerting citizens themselves using Twitter as to when checkpoints were planned. The Saskatoon police believe that if people know police checkpoints are in place, they will think twice about drunk driving.