Under the U.S. Constitution, as interpreted by the U.S. Supreme Court, DUI checkpoints are generally legal. And in a number of other states—like Oregon, Washington, and Michigan—DUI checkpoints violate the state constitution. So, for law enforcement in these states, sobriety checkpoints aren’t an option.

The main point of a DUI checkpoint is to assure that the public is safe from motorists who are driving under the influence of alcohol or drugs (DUI). Some states prohibit DUI checkpoints by state law or through interpretations of the Constitution via caselaw.

New York police can conduct sobriety checkpoints, but must obey state and federal law when they do so. However, the U.S. Supreme Court has ruled that “sober checkpoints” are legal, even though they are an intrusion on individual liberties under the Fourth Amendment.

If your car is one that law enforcement signals to stop, obey their commands. The officer will ask you to lower your window and turn off your vehicle. They will ask to see your driver’s license, registration, and proof of insurance. During this interaction, the officer looks for signs of intoxication.

Checkpoint must be well-lighted, properly identified and manned by uniformed personnel. Upon approach, slow down, dim headlights and turn on cabin lights. Never step out of the vehicle. Lock all doors.

Although the U.S. Supreme Court has found sobriety checkpoints to be constitutionally permissible, ten states (Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming) have found that sobriety roadblocks violate their own state constitutions or have outlawed them.

Sobriety checkpoints are a law enforcement technique where law enforcement officials evaluate drivers for signs of alcohol or drug impairment. Thus, having concentrated enforcement can help apprehend drunk drivers and deter those who hear about the checkpoints from driving under the influence.

The primary purpose of checkpoints is not to make arrests, but to promote public safety by deterring drivers from driving impaired. During the checkpoint, officers will look for signs that drivers are under the influence of alcohol and/or drugs.

The answer to the question of “Are DUI Checkpoints Legal in California?” is, simply, yes. According to California’s Vehicle Code, “A driver of a motor vehicle shall stop and submit to a sobriety checkpoint inspection conducted by a law enforcement agency when signs and displays are posted requiring that stop.”

In 2011, the Texas Court of Criminal Appeals ruled that a “checkpoint to verify drivers’ licenses and vehicle registration is permissible, but a checkpoint whose primary purpose is to detect evidence of ordinary criminal wrongdoing is not.”

Motorists must pull over, will be asked questions by law enforcement, and be asked to present their license and registration. Checkpoints make driving on California roads risky. You may be asked further questions, but you are not required to answer any questions that could be self-incriminating.