Police departments in North Dakota investigate criminal activity and aim to find ways to deter common offenses. Law enforcement officials try to help address issues that create public safety concerns, like drunk driving.
Many drunk driving arrests take place on an individual basis. Police officers stop individuals who display poor control of their vehicles in traffic or perform chemical tests on those involved in collisions. Such efforts lead to many arrests and criminal charges, but police officers simply cannot be in all places at all times to search for impaired motorists.
Mass enforcement efforts can be far more efficient and might allow police departments to identify a large number of impaired drivers in a single day. Sobriety checkpoints or drunk driving roadblocks involve police officers shutting down a section of the road to screen motorists for signs of intoxication.
Are sobriety checkpoints legal law enforcement tools in North Dakota?
State authorities regularly conduct checkpoints
North Dakota, like most other states, allows police departments to conduct sobriety checkpoints. Drivers cannot fight charges simply by asserting that a checkpoint was a violation of their rights.
Provided that police departments submit the right paperwork to state authorities and that the officers adhere to specific rules when conducting the checkpoint, it is perfectly lawful for police officers to stop and screen every driver who passes through a checkpoint as part of a mass enforcement effort.
What happens at checkpoints?
Checkpoints are legal in part because they should cause minimal inconvenience for the motorists involved. The initial screening should only involve brief interactions with a driver to prevent significant inconvenience.
So long as the driver passes the initial screening process, they can proceed on their way. If they fail the screening process, then they may need to submit to additional screening. Police officers might ask drivers to perform field sobriety tests. They might administer chemical tests as well. Officers can arrest anyone who seems to be under the influence.
Motorists do potentially have the option of avoiding a sobriety checkpoint if they notice it in time. Those arrested at a checkpoint may be able to avoid a conviction depending on the circumstances. Learning about different law enforcement tools used in drunk driving cases can help people better understand how to respond to different enforcement efforts. Sobriety checkpoints are legal, but drivers arrested at checkpoints may still be able to avoid a conviction.