When a driver is stopped at a sobriety checkpoint they should expect that they will be assessed for intoxication. Any driver who is found to have alcohol in their system in violation of the law may be charged with a drunk driving crime and arrested. Readers should be aware that through the Fourth of July holiday week, some communities throughout the state are planning to use checkpoints to stop and catch allegedly drunk drivers.
Sobriety checkpoints generally base their legality in the United States Constitution and case law. In some states law enforcement offices are allowed to use checkpoints whenever they wish. In Tennessee, however, there is a limit. Sobriety checkpoints may only be set up once or twice each month.
Checkpoints for intoxication have been challenged on constitutional grounds. Strong arguments have been lodged that they violate the privacy of innocent individuals, and this position was even argued in front of the United States Supreme Court. However, the justices of the high court found that the public interest of using an effective method of drunk driver location outweighed privacy concerns and in 1990 allowed them to continue.
When a driver is stopped at a sobriety checkpoint they may worry about what will happen if they are found to have alcohol in their system. Drivers have rights to defend themselves against the drunk driving and DUI charges that are made against them. Before going to court, they can choose to discuss their cases with DUI defense attorneys who may be able to help them find useful strategies to mitigate or eliminate their alcohol-based driving charges.