Editorial: Sobering effects of belittling DUI checkpoints

You’re on your way to a movie or a sporting event, when you realize you must stop and allow a police officer to screen you at a DUI checkpoint. Most people roll down their windows and speak with the officer. A Florida attorney, however, thinks you can legally do otherwise.

Warren Redlich created controversy last month when a YouTube video of him offering advice to sidestep police orders went viral. The Boca Raton attorney says that, if police force you to roll down your window, this action may violate your Fourth Amendment right, which protects against unreasonable searches and seizures.

While law enforcement should never use excessive force, responsibly enforced DUI checkpoints are not a violation of Fourth Amendment rights. Redlich’s message may be well-meaning, but it is detrimental to the public good, as this could give drivers the wrong idea. DUI checkpoints are designed to protect all drivers, rather than be a burden or intrusion. Redlich’s message may misconstrude the actual intentions of such traffic stops, prompting negative reactions to the stops. 

Legal precedent agrees that DUI checkpoints are in fact legal and not excessive. In 1990, the U.S. Supreme Court upheld the constitutionality of DUI checkpoints in Michigan Dept. of State Police v. Sitz. In the majority opinion, Chief Justice William Rehnquist touched upon the severity of drunken driving in society, saying, “No one can seriously dispute the magnitude of the drunken driving problem or the states’ interest in eradicating it.” Citizen compliance with officers at DUI checkpoints was in the public interest in 1990, and it remains so today.

According to the National Council on Alcoholism and Drug Dependence, 32 percent of fatal car crashes involve an intoxicated driver or pedestrian, and nearly 13,000 individuals are killed each year in alcohol-related accidents. Aside from the priceless loss of life, crashes resulting from drunken driving are extremely expensive as well, costing taxpayers more than $100 billion per year.

We can clearly see that drunken driving is a problem all too prevalent in our society. Although checkpoints may seem inconvenient at the time, an extra five minutes of your day is worth it if it leads to saved lives.

With all of this said, citizens should certainly have the right to speak up if they believe a checkpoint search is intrusive. If you feel you’ve properly complied with the officer’s instructions and deserve to be released, ask the officer, “Am I being detained, or can I go now?” Respectful communication when working with law enforcement is key for both parties involved.

By respectfully cooperating with officers at DUI checkpoints, you may be helping to save lives. So know your rights, ask questions if need be and try your best to comply — it’s worth the trouble.