Perhaps you’ve run into a drunk driving checkpoint when visiting another state or you’ve simply seen them referenced in movies or TV. These checkpoints force an interaction between police and a driver even though absolutely zero reasonable suspicion has been established to stop a driver. Despite the absence of evidence, these DUI checkpoints are completely legal in the majority of states – 38 to be in fact.
Thankfully, your rights are better protected here in Minnesota where DUI checkpoints are considered illegal. But why does Minnesota outlaw these checkpoints if they are allowed in most states? We explore why your rights are better protected in Minnesota in today’s blog.
Why No DUI Checkpoints In Minnesota?
Drunk driving checkpoints are considered a state rights issue, meaning each state can determine whether or not they view the act as legally valid. And in fact, DWI checkpoints were legal in Minnesota for a while. The practice only became outlawed in the 1990’s. But why did the practice that helps to keep our roads safe become illegal?
As Benjamin Franklin once said, “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In other words, there may be fewer DUI accidents and drunk driving-related deaths on Minnesota roads if DUI checkpoints were legal, but this safety comes at a significant cost – your liberty. The Fourth Amendment to the United State Constitution protects Americans against “unreasonable searches and seizures.” This means that police can’t just search your vehicle or your home without probable cause that a crime is being committed. It’s also why police can’t force you into a DWI checkpoint in Minnesota.
Absent reasonable suspicion that a traffic violation has been committed, Minnesota believes that their citizens are protected against an invasion of their Fourth Amendment rights. Other states feel differently, but Minnesota holds that these DUI checkpoints are a violation of your rights against unreasonable searches and seizures because at the initiation of the traffic stop, there is absolutely zero reason to suspect that a driver is under the influence of drugs or alcohol. Your right to be protected against this type of search is more important that the slight bit of safety that may be achieved through the act, so Minnesota holds that these checkpoints are unconstitutional.
That’s not to say that Minnesota is lax on drunk driving enforcement, because one small traffic infraction creates enough reasonable suspicion for a traffic stop to occur, and anything that is discovered during that interaction would be considered admissible in court. Speeding, rolling a stop sign or driving without a working brake light can all lead to a DUI, so don’t assume that you can drink and drive with ease in Minnesota just because you won’t run into a DUI checkpoint along the way.
We’re glad that Minnesota is putting liberty over perceived safety. Too many states are letting fear guide their decision making, and that’s infringing on the rights of their citizens.
As always, if you need help contesting a criminal charge in Minnesota, we hope that you’ll reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
