DUI checkpoints are becoming more popular across the nation, but they also beg the question as to whether or not they infringe on a driver’s fourth amendment rights against unreasonable searches and seizures. Does Minnesota have DUI checkpoints? We answer that question and delve into our state’s beliefs on the matter in this blog.
DUI Checkpoints in Minnesota
As you might have guessed since you’ve never run into a DUI checkpoint in Minnesota or heard of someone running into a DUI checkpoint, our state considers these stops illegal. This may be surprising to hear, as 37 states and the District of Columbia have ruled that they are legal. However, in Minnesota, we ruled that they are unconstitutional back in 1994, citing fourth amendment protections.
DUI checkpoints were ruled unconstitutional in the case of Ascher v. Commissioner of Public Safety. In that case, Ascher had been stopped and placed under arrest for DUI at a checkpoint in Burnsville. The checkpoint resulted in the arrest of 2.3 percent of the 975 individuals that were stopped, and although they were warned that they were approaching a DUI checkpoint, there was no way for them to avoid it by the time the sign was visible.
On appeal, Ascher and his lawyers argued sobriety checkpoints were impermissibly intrusive, while the state argued that a previous U.S. Supreme Court ruling held that they were legal because, due to the inherent danger of drunk driving, the potential deterrence of the crime outweighed the protections granted by the fourth amendment. Ultimately, the Minnesota Supreme Court ruled against the holding of the U.S. Supreme Court, stating:
Some level of individualized suspicion is a core component of the protection the Fourth Amendment provides against arbitrary government action. By holding that no level of suspicion is necessary before the police may stop a car for the purpose of preventing drunken driving, the Court potentially subjects the general public to arbitrary or harassing conduct by the police.
Essentially, the Minnesota Supreme Court said that unless a police officer has probable cause to conduct a traffic stop, they are not allowed to force drivers to comply with DUI roadblock.
Probable Cause and DUI
With all that said, it doesn’t take much for police to create enough probable cause to conduct a traffic stop of a person. Any traffic violation can be enough to warrant a traffic stop and an interaction with the driver, where the officer can then look for signs of intoxication. That means if you’re going a couple miles an hour over the speed limit, you don’t use your turn signal or you don’t come to a complete stop at a stop sign, an officer now has probable cause to conduct a traffic stop.
So while we don’t have DUI checkpoints in Minnesota, you’re still at a high risk for getting a DUI if you drive drunk because it doesn’t take much for police to be able to legally pull you over. Also, remember that if you’re going to be traveling out of state, there’s a good chance that new state does conduct DUI checkpoints, because 74 percent of states in the US legally allow them. Be smart when you get behind the wheel, and if you need assistance for your Minnesota DWI charge, contact Appelman Law Firm today.
