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All About Sobriety Checkpoints

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Drivers that are out late at night or who take to the road early in the morning and on major holidays may encounter a roadblock, a police department initiative designed to check for as well as deter impaired driving. Legal in most states, such stops are usually carefully planned and conducted to ensure that impaired drivers are caught and that your rights are protected. Here’s what you need to know about sobriety checkpoints.

Sobriety Checkpoint Laws

Sobriety checkpoints are handled by the states, territories, and the District of Columbia, and are legal in all but 10 states — Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming.

Those states that do not allow them may forbid them by state statute or point to state or federal Constitutions where no “unreasonable searches and seizures” are permitted. Some states are very aggressive in conducting impaired driving roadblocks, with California conducting more than 2,500 per year according to the Governors Highway Safety Association.

Most states conduct checkpoints at least weekly with other states such as Delaware increasing or decreasing the number of roadblocks based on the season.

Federal Involvement

In Michigan Department of State Police v. Sitz, the US Supreme Court ruled in 1990 that sobriety checks are constitutional while at the same time forbidding law enforcement personnel from stopping drivers without reasonable cause. Following that ruling, many states aligned their own rules to follow the US Constitution as well as the state’s constitution.

The National Highway Traffic Safety Administration (NHTSA) works with the states to crack down on impaired driving. Campaigns in operation as of 2021 included “Buzzed Driving is Drunk Driving” and “Drive Sober or Get Pulled Over.” The NHTSA has run advocacy commercials, including a tie-in with the Robocop movie, and issues press releases, and distributes other media collateral to raise awareness.

Federal Rules

To assist state compliance with the US Constitution in conducting roadblocks and sobriety checks, the NHTSA has also issued rules in keeping with Michigan v. Sitz. Its guidelines are for both full-scale and scaled-back sobriety checkpoints with the states responsible for keeping within its own requirements.

The NHTSA recommends that the sobriety checkpoint be led by a sworn, uniformed police officer tasked with planning the checkpoint, an individual very familiar with state rules and law, and able to oversee the staffing and management of the checkpoint. Further, obtaining local prosecutorial and judicial support is necessary to ensure that all legal procedures are followed and that each case is effectively adjudicated.

Local checkpoints should also comply with existing laws and departmental policy, and site plans may need to be submitted and received government approval before checkpoints are set up. Some type of chemical test must be conducted such as a breathalyzer as well as field sobriety tests including standing on one leg or a walk-and-turn test. The NHTSA also recommends that law enforcement work with the media to publicize and promote what they do.

State Enforcement

By following federal rules and guidelines, the states can ensure that their efforts are upheld constitutionally. One area where all states are in agreement in is with the amount of blood alcohol level or concentration (BAC) that is considered a crime, specifically 0.08 or higher.

Almost all states automatically revoke or suspend the license of a driver if he or she fails a chemical test. Most of these same states make an allowance for limited driving such as traveling back and forth to work. Ignition interlock laws are in place in all states, a device that automatically detects the presence of alcohol and disables the ignition.

States are required to adopt open container and repeat offender laws or risk losing a portion of the state’s surface transportation funding that is provided to the State Highway Safety Office or DOT.

Your Rights

If you are arrested for impaired driving you must do your part to protect your rights.

First, never refuse to take a breathalyzer test — in many states your license will be automatically revoked and you will be fined.

Second, do not speak to the police and do not give a written statement.

Third, ask to have your attorney present and contact the same.

Fourth, document your own evidence. You may have only a few days after your arrest to challenge the administrative suspension of your license. A criminal attorney experienced in handling DUI/DWI cases can file a motion on your behalf.

Driving while impaired is a serious offense that can put lives at risk. Yet, your rights are constitutionally protected both during and after a sobriety checkpoint stop, and you have the right to consult with an attorney.

See Also — How to Fight Back Against Drunk Drivers

Image by Steve Buissinne from Pixabay

Lemon Law Guidance for
New Vehicle Owners

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When you purchase a new car, you expect it to operate as planned. However, some models are prone to problems and may require multiple visits to the repair shop. A minor problem here and there is understandable, but the situation persists or worsens, then you may own a lemon car. Worse, are those problems no longer covered by the warranty, requiring you to pay up.

If your car is a lemon, you may find recourse under the federal Magnuson–Moss Warranty Act. (Title 15 Chapter 50 of the U.S. Code). Also, expanded protection may come at the state level as enacted used car lemon laws work beyond the federal requirements. You may be able to manage the process yourself, but if your situation is outstandingly bad, then hiring an attorney who specializes in lemon law cases may be the best approach.

First Step — Review the Magnuson-Moss Warranty Act

The Federal Trade Commission (FTC) enforces the Magnuson-Moss Warranty Act to ensure that consumers are protected.

Specifically, the act “makes it illegal for manufacturers or dealers to claim that your warranty is void or to deny coverage under your warranty simply because someone other than the dealer did the work.” However, if the repair was done incorrectly and caused other problems, such as engine damage, the affected part may no longer be covered under the vehicle’s warranty.

The FTC advises consumers to understand their vehicle’s warranty by reading it and knowing the warranty period. Furthermore, owners should service their vehicles at regular intervals, keep all service records and receipts, and articulate their complaints to service personnel and supervisors if they are not satisfied with the work. Typically, this act applies to purchasers of new vehicles.

Second Step — Contact Your State’s Office of the Attorney General

Every state has an Office of the Attorney General, an individual who serves as the main legal advisor to the government. Also known as “advocates general” and “procurator,” this professional is the chief law enforcement officer in that state. Importantly, existing used car lemon laws are under his or her bailiwick.

Therefore, inquire at the Office of the Attorney General about your state’s lemon law. You will likely find that there is a complaint procedure you must follow before heading to the next step. You should know that used car lemon laws vary from state to state.

Third Step — Review Your State’s Used Car Lemon Law

If after following the two earlier steps you still are not getting your problems resolved or if you suspect your vehicle will never operate as intended, you should examine your state’s used car lemon law. A copy of that law should be available online through your state’s website, otherwise you can usually obtain a copy by visiting the Attorney General’s office.

It is at this point where state laws vary. That said, there may be certain prevalent aspects to consider. For example, you should know when your state’s lemon law was enacted and whether your car is covered under the law. The good news is that all 50 states have lemon laws in place.

If your car is covered, the state will outline the repair procedures and the steps you must follow. Typically, this involves notifying the manufacturer or the dealer within a certain timeframe.

To illustrate, in South Carolina after three unsuccessful repair attempts for the same defect and a cumulative 30 days of out-of-service time, your car would be considered a lemon. In this example, the manufacturer must give you a refund — including the vehicle’s cost, sales tax, license fees, and registration fees. Otherwise, the manufacturer would replace your vehicle.

You should know that if you purchased your vehicle from a private party, you may not be protected by your state’s used car lemon law. In that case, you should consult with an attorney for advice regarding possible remedies. For instance, if the value of the car is under $3,000, making a claim in small claims court is advisable.

Your state may also require dealers of used cars to provide you with a written warranty. For example, in New York, that warranty is usually called a “lemon law warranty” or what spells out your rights, including repairs that will be made at no cost to you. That warranty must accompany your sales contract or lease.

Fourth Step — Consult with an Attorney

If at this point you have not consulted with an attorney and are still not satisfied with the repair process or if you believe your rights are not being protected, then it is time to find a qualified attorney. Reach out to your state’s bar association and ask for the names of at least three attorneys specializing in lemon law and contact each one to gauge how they may assist you.

An attorney may offer an initial consultation for free, explaining what recourse is available to you along with their fee. If you choose to sue, that fee may be paid by the manufacturer or the dealer, but only if you win. There is a decent chance your case will be settled out of court if your suit is a strong one.

Used Car Lemon Laws

In summation, if your car is still under the manufacturer’s original warranty, your dealer will handle those repairs per the warranty. If you are not satisfied with a dealer, you can visit another shop. If your problem is still not satisfied, insist that the manufacturer’s regional representative becomes involved.

For used cars, your state’s lemon law may offer the best protection. Follow these steps carefully to ensure that the repairs are made to your satisfaction, otherwise a full refund or a replacement vehicle may be in order.

Persist Until You’re Successful

With potentially thousands of dollars on the line and in some cases family safety a concern, it is important for consumers to see a lemon car problem through until an equitable resolution is reached.

This may mean taking an unconventional approach, especially if you haven’t yet contacted an attorney. For example, a News 6 Orlando news team investigated one consumer’s claim of a defective Hyundai Sonata SE sedan and was able to help the woman settle with the automaker.

Initially, Hyundai admitted its fault and offered to repurchase the vehicle. However, the settlement did not cover $850 she had paid toward the car. The news team intervened and Hyundai responded by nearly doubling their previous offer.

See Also — Ford Focus, Fiesta Transmission Troubles Not Over Yet

Photo Attribution: André Karwath aka Aka [CC BY-SA 2.5 (https://creativecommons.org/licenses/by-sa/2.5)]

Sobriety Checkpoint Laws: What You Need to Know

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There are 38 states where police can set up traffic roadblocks, stop you and observe whether you have been drinking. If suspected of being under the influence you may be asked to step out of your car and consent to a sobriety check. And if you refuse a test you state may automatically suspend your license and impose a fine.

Such checkpoints are part of wider drunk driver deterrence programs typically initiated at the state level and enforced locally. Checkpoints or roadblocks are often identified by warning lights and signs with vehicles queued in lines for officers to check each one or a select number such as every fifth vehicle.

Off-Hour and Holiday Checkpoints

They’re usually set up at night, in the early morning hours, on weekends, and on select holidays when drinking rates spike. At certain times of the year, they may be an extension of a federal drive sober or get pulled over a campaign that kicks in around the Christmas-New Year season and again on major holidays such as Independence Day and Labor Day.

In 12 states sobriety checkpoints are not administered and may be prohibited by state law or by the Constitution. Indeed, in Texas, such checkpoints are considered illegal based on the states’ interpretation of the US constitution.

How each state conducts sobriety checkpoints varies widely across the nation. Well take a look at various state laws as assembled by the Governors Highway Safety Association (GHSA) and conclude with legal guidance to help protect your rights after a sobriety checkpoint arrest.

See Also — All About Sobriety Checkpoints

Sobriety Checkpoint Frequency

The adjoining states of Arizona and California both allow sobriety checkpoints, but the frequency of roadblocks varies sharply. In Arizona, checkpoints are administered at least once per month. In California, the state conducts more than 2,500 checkpoints annually for an average of more than seven per day across the Golden State.

Other states that parallel Arizona in frequency include New Jersey, Oklahoma, Tennessee, Nevada, Kansas, and Missouri where such tests are conducted once or twice per month. In Utah, roadblocks are set up about every other month.

See Also — How to Fight Back Against Drunk Drivers

Arkansas, Georgia, Hawaii, Kentucky, Maryland, Mississippi, New York, North Carolina, South Dakota, Vermont, Virginia, and West Virginia conduct weekly sobriety checks. Among the more aggressive states include Pennsylvania and Illinois which claim several hundred checks per year, Nebraska with six to 10 per month, and Massachusetts and Ohio, which report that checks are conducted throughout the year.

In Delaware, sobriety checks are conducted monthly for the first six months of the year and then weekly for the last six months. Head to Florida and there are 15 to 20 checkpoints held each month. In New Hampshire, roadblocks are set up weekly, weather permitting.

Roadblock Legality

Sobriety checkpoints are often challenged by opponents with these cases often winding up being heard by the highest law in the land the respective state’s supreme court. Kentucky, California, Mississippi, and Maine are among the states where they’ve been upheld under the US constitution.

In Massachusetts, Maryland, New Jersey, Vermont, and South Dakota, sobriety checkpoints are upheld under both federal and state constitutions. Nevada, North Carolina, and Hawaii checkpoint laws have been upheld by state statute.

Alaska does not conduct sobriety checks because it says the state has no authority to do so. Iowa, Michigan, Minnesota, Oregon, Wisconsin, and Wyoming are among the states where roadblocks are illegal or no authority has been given to the state. And in the state of Washington, a 1988 ruling made such roadblocks illegal under certain conditions.

Sobriety Checkpoint Arrest

Even where legal, roadblocks must carefully follow guidelines including those recommended by the National Highway Traffic Safety Administration (NHTSA). For example, roadblocks may not impede the flow of traffic and should be set up to allow drivers to avoid the checkpoint. They cannot distract drivers and roadblocks should be clearly marked with law enforcement personnel making their presence clearly known. The process should be applied uniformly and stopped drivers should be asked for their feedback.

If you are arrested, do not speak to the police without your attorney present. Never give a written statement without your attorney’s consent. Contact an attorney immediately and be prepared to collect and document your own evidence. Sobriety checkpoints may be legal, but your guilt is not automatic.

See Also — DUI and Blood Alcohol Concentration (BAC)

Photo courtesy of Versageek.