How come DUI check points are not against the 4th amendment?

Question

OK let me start by saying that I do NOT drink and drive ; in fact I don't even drink a drop of alcohol if I am driving. I do drink but ONLY at home or if some one else (who has NOT been drinking!) is driving.

Also, I am ALL FOR taking drunk drivers off the road; in fact I do not feel that the penalties for those caught are strict enough.

However, why are drunk driving check points not considered unconstitutional? More specifically against the 4th amendment?

It seems to me that the government has no right whatever to stop people at random like that?

It seems like the cops waiting outside of a bar would be ok? After all people are usually drinking in a bar and I would be ok with people being stopped when driving away from a bar? That would make more sense?

How are the random check points legal? Doesn't this kind of reak of facism?

Answer 1

I've often wondered about the legality of just stopping people for driving a car. I thought the police had to have probable cause to do a search. I would love to see the rules that say the police can stop and search me at any time just for driving a car. (To the poster that stated this).

I don't know that it "reaks of facism" but I don't understand how it is legal to do. The intent is good even if I question the legality of the check points.

Answer 2

I'm like you in the fact that if I'm going to drink it is at home or I have and make sure that someone else who is not drinking can drive. People are going to have a good time at home or in public. The GOV tried back during the prohibitions to control the sell and making of drink to no avail. Yes it has caused a lot of death and destruction over those yrs. But they get a certain amount of money out of the taxes they impose on it. As for the cop stopping you at a Id check point, they have no one in particular to stop so it is more of a safety check. Noting is more upsetting to pick up a body that has no ID on it. The checks just shows the person behind the wheel at least is known(it does at times net some bad guys). I for one don't care for sitting outside a bar, those people are entitle to have a good time but the bar owners has the right to sell drink also and should cut the person off after a certain amount. they can not control it all, let the person have the drink and then let the law do there part. If the person had to much then they will pay a higher tab.

Answer 3

Man, Do I love these questions. Ill make it short and sweet. Who could stop them? They dont uphold the law, They are the law. It does go against the 4th amendment but think back, this country has been under a facist regime ever since 63, Kennedy was the end for morals and rights. Your exactly right, it is facism. Theres another word to add on here Corporate facism. Goverment, Military and law, Its all a Giant Global buisness. Itns not about rights its about money. They are allowed to do checkpoints because of the need to generate money, everything we have here today goes against the constitution. Im not for drunk driving myself but has the whole country become numb and ignorant to the bastardization of our US Constitution? Why do we do nothing. When did all the Libetarians die?

Answer 4

In florida, after they did away with vehicle inspection stickers, it gave the law enforcement officers the ability to pull you over if not for any other reason other than to inspect your vehicle. When I was in Maine I saw police officers putting a black piece of tape across the drivers side headlights when the vehicles were parked at bars, so the cops could sit miles down the road after bar closing and be able to see what vehicles would leave the bar. Also here in Florida while taking girlfriend to court for her drunk driving charge. I talked to several people all of whom , including my girlfriend had all had their drivers side front hubcap missing, a sheriff tactic for them to find previously convicted drunk drivers, even if you get a new hubcap , it probably won't match the other 3. Checkpoints have their pros and cons, pros being it can take drunk drivers off the road, punish people who are driving without insurance or suspended liscenes, and catch people who may also have their vehicles smelling of marijuana. The Cons beingh that law abiding people have to suffer the pain in the butt of sitting there waiting to be hassled. If you think motorist have it tough , try driving over the road semi,, you will get pulled over by DOT patrols, searched, piss tested, get asked 1000 questions, I happen to like Ron White's stand-up on profiling drunks.. he said "the cops were arresting everyone who happened to be driving down that particular sidewalk that night"

Answer 5

The US supreme court uses a balance test: on one side is the police concern for public safety on the highways versus the person right to privacy, but that right is diminished some what when you are driving a car which is a privilege not a right on a public highway

hence found the safety factor out weighs the limited right to privacy,

side note: the court did find illegal was a state which set up a check point for drugs on the public highway, the court found in that case limited public safety issues versus right to privacy in that balancing test the right to privacy won

Answer 6

I have never seen a "random" Dui checkpoint. They are always announced in the local media before they are set up. There are signs well enough in advance for you to take an alternate route.

As for the cops sitting outside the bars, good for them. What ever it takes to keep the drunks off the road, is fine with me. They are a menace to us all.

Answer 7

When you operate a motor vehicle, you are agreeing to a set of laws/rules/guidelines. You are giving up your 4th amendment right by driving a car.

Answer 8

The legality of "random" checkpoints seems to still be in the air. I believe it is unconstitutional because it is (as you say) unreasonable search and seizure, but also it is confrontation without probable cause.

Here, in Michigan, the use of "marking tires" of cars that have been at the bar for awhile is a BIG topic on the agenda and is getting a lot of heat.

Answer 9

Getting drunk drivers off the road has no connection to the Constitution.

Checkpoints are a good way to find them....

If you don't drink and drive, it shouldn't bother you or be of concern to you.

Answer 10

Read the laws concerning the operation of motor vehicles... it gives the police to stop you at any time for a random check, if they do not single you out specifically without reasonable cause.