DUI checkpoints net more than just DUIs

checkpoint

The sign should read, “law compliance checkpoint ahead”, as officers are on the lookout for all types of potential criminal offenses.

A favorite tool for law enforcement in detecting drivers operating under the influence of alcohol, DUI checkpoints have long been effective in law enforcement netting arrests on busy holiday weekends such as Memorial Day and the 4th of July.  However, drivers would be remiss to believe that these checkpoints are present only to detect potential alcohol based offenses along busy Vermont roads.  Instead, in recent years, law enforcement have honed their skills to detect other offenses, such as drug consumption that can also result in a motorist be inglead off to the mobile command post to be processed for a criminal offense.

Of the most common offenses detected by law enforcement is the possession and consumption of marijuana.  Although possession of small amounts of marijuana have been decriminalized (resulting in only a civil infraction, not a criminal citation for possession of under 1 oz.), the detection of marijuana can now lead to not only a hefty fine, but also increased scrutiny by law enforcement to see if the operator is under the influence of marijuana while driving the motor vehicle.  Although this is not your standard run of the mill DUI investigation, drug recognition experts are being trained at increased levels to be able to respond quickly to a report of a potential driving while high infraction.

These offenses carry with them the same penalties as a driving under the influence of alcohol charge (maximum of 2 years in jail and loss of license for up to 6 months).  Further, even if a motorist is found not be under the influence of marijuana, but is under the age of 21, they can face up to a 6 month license suspension as a result of merely possession a small amount of marijuana.

DUI checkpoints are misleading in name and in purpose.  Law enforcement use these checkpoints to have unfettered brief contact with a magnitude of individuals to detect and arrest those suspected of violating Vermont laws.  Thus, when approaching one of these checkpoints it is important to know that all actions committed by the driver will be heavily scrutinized and that you will not be off the hook if you have not consumed alcohol, but may have something else of interest in the vehicle that a well trained Vermont law enforcement officer may be able to detect.

Vermont Police out in force for DUI checkpoints

Drivers beware!  Vermont State Police in cooperation with local police forces will be out in mass from now until the beginning of the year conducting DUI checkpoints across the State.  These checkpoints primary objective is to detect drunk drivers, but will also be to enforce seatbelt and other Vermont motor vehicle laws.

It has been well settled in Vermont that the following provisions must be followed in order for a DUI roadblock to be considered constitutional under the 4th Amendment.

As a general rule, a DUI roadblock will pass constitutional muster if: (1) the initial stop and the contact between the officers in the field and the motorist involves an explanation of the nature of the roadblock and minimal detention of a nonimpaired driver; (2) the discretion of the officers in the field, as to the method to be utilized in selecting vehicles to be stopped, is carefully circumscribed by clear objective guidelines established by a high level administrative official; (3) the guidelines are followed in the operation of the roadblock; (4) approaching drivers are given adequate warning that there is a roadblock ahead; (5) the likelihood of apprehension, fear or surprise is dispelled by a visible display of legitimate police authority at the roadblock; and (6) vehicles are stopped on a systematic, nonrandom basis that shows drivers they are not being singled out for arbitrary reasons.  State v. Martin 496 A.2d (VT 1985)

Roadblocks have been attacked on constitutional grounds for a wide range of reasons, such as Officers detaining a motorist for longer than is necessary or for them singling out certain vehicles based on their make and model or the appearance of the driver.

If your planning on driving during the evening hours this month, be sure to check local newspapers for press releases on DUI checkpoints that are planning on being conducted.  However, as a basic rule, the assumption should be, that if your driving at night this month, expect that there will be a Vermont DUI checkpoint somewhere along your travels.