• 12
  • January
    2011

It is a common scene on designated nights and weekends across the country: law enforcement officials briefly stopping cars along heavily used roads and highways in the hopes of catching drunk drivers. While these so-called sobriety checkpoints are viewed as a staple of DWI enforcement, they are currently facing harsh criticism from a somewhat unlikely source: a Washington, D.C.-based trade association that represents 8,000 alcohol-serving restaurants.

The American Beverage Institute (ABI) has recently expressed their belief that law enforcement officials in the U.S. should abandon the use of "ineffective" sobriety checkpoints and instead devote more of their resources to roving patrols (i.e., squad cars traveling within a designated area at certain times looking for erratic driving).

In support of this contention, the ABI points out that sobriety checkpoints, on average, produce only three arrests for every 1,000 motorists detained. Furthermore, the group believes that sobriety checkpoints unduly harass those people who have consumed a moderate amount of alcohol and even prevent certain people from enjoying any alcohol whatsoever.

"[Sobriety Checkpoints] target responsible adults who either haven't been drinking or have been drinking moderately and legally prior to driving. They don't do a good job of targeting the hardcore drunk drivers who cause the vast majority of alcohol-related fatalities," said Sarah Longwell, managing director of the ABI.

"People shouldn't feel they're going to get harassed for having a glass of wine with dinner or a beer at a ball game," added Longwell. "They should feel somebody is going to catch them if they're above the legal limit."

For their part, law enforcement officials argue that sobriety checkpoints are truly effective and a vital component of DWI enforcement that goes hand in hand with roving patrols.

(Mothers Against Drunk Driving estimates that the 38 states currently utilizing sobriety checkpoints have seen injuries and fatalities caused by drunk driving decline by as much as 20 percent.)

"In terms of deterrence and education, checkpoints are the best," said Nicholas Sewitch, an assistant prosecutor in Essex County, New Jersey. "Roving patrols are excellent, too, in terms of bang for your buck and removing drunk drivers from the road."

Please remember, if you are arrested for driving while intoxicated and are thinking about trying to save money by using a public defender or handling the matter yourself, you may want to reconsider. An experienced DWI defense attorney will know the best way to handle your ALR hearing to protect your driver's license, as well as the strategies that the police and prosecutors are likely to use in their case. By having your own attorney at your side throughout the process, you will be protected from saying or doing anything that will be used against you in court.

Today's post was for informational purposes only and not to be construed as legal advice.

Stay tuned for more from our Dallas criminal defense blog ...

Related Resources:

Beverage Institute Critiques Drunk Driving Checkpoints (Reuters)

Beverage Trade Group Calls for End to Police DUI Checkpoints (The New Jersey Star-Ledger)