The debate over the legality of DUI checkpoints in Washington State has been ongoing for years. If you’re facing a DUI charge from a checkpoint, you need to know your rights. Here’s what you should know about how DUI checkpoints work in Washington State:

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Why DUI Checkpoints are Legal in Washington State

DUI checkpoints are legal in Washington state. As a matter of fact, DUI checkpoints have been upheld by the US Supreme Court as a valid law enforcement tool. The court ruled that DUI checkpoints do not violate the 4th Amendment and do not constitute illegal search and seizure without warrant.

In addition to the fact that they are legal, DUI checkpoints can also help reduce DUI crashes.

How Some Jurisdictions Attempted to Disagree with DUI Checkpoints

Some jurisdictions have attempted to pass local laws to ban DUI checkpoints.

In Washington, the courts ruled that these ordinances were unconstitutional because they interfered with a federal government function, which is not allowed by the 10th Amendment. The federal government has the right and power to conduct checkpoints in order to ensure the safety of our citizens.

How DUI Checkpoints Are Conducted in Washington State

Before you can be stopped at a DUI checkpoint, the police must have a reasonable suspicion that a driver is:

• Intoxicated.
• Engaged in criminal activity.
• Engaged in an activity that threatens the safety of the public (like leaving your car running while it’s parked).

What Happens When a Driver is Stopped at a DUI Checkpoint

If you’re pulled over at a DUI checkpoint, you are not required to answer questions. You are also not required to take a breathalyzer test or any other type of test, and if you choose not to take a test, that alone cannot be used as evidence against you in court. If law enforcement asks for your license, registration and proof of insurance, they should also provide their names and badge numbers so that you can find out who they are later if necessary.

If the officer asks if they can search your vehicle or otherwise touch or enter it without permission (which is illegal), say no unless they have probable cause. If police request permission to search without probable cause, then ask whether they have probable cause first before giving them consent; otherwise they may think they have grounds when really they don’t and end up searching anyway because “you said yes.”

You do not have to answer any questions from police officers during traffic stops; however, some states require drivers pulled over at checkpoints (or elsewhere) to give their name—this is known as “consent.” 

Conclusion

DUI checkpoints may not be popular with every citizen, but they are legal in Washington State. In fact, most jurisdictions that use them feel that they are effective in reducing the number of drunk driving incidents on our roads.