Roadblock Drunk Driving Checks are unethical and unconstitutional

I saw an article that really got my attention the other day. It was describing what they call a "no refuse" check point. Apparently they feel having a judge at these check points to issue warrants for breath tests some how makes it all constitutional. the problem is not the breathalyzer..the problem is the stop itself..it is still violating the 4th amendment as they did not have probable cause to stop every car to begin with.

According to our constitution, all rights are reserved to the state. Thus the state, in my case Ohio, has the rights to do that. There is nothing in the constitution that says a state can't pull someone over for whatever reason they want. Your car is not your home. Your home is your home. Your car is licensed automobile on a public road. And they can pull over whatever they want on a public road. You don't have the rights you are claiming. I have no problem with it myself. I'm never drunk, and I never have anything illegal in my car. Let them pull me over. If they come to my home, that's different.

"It is illegal for police officers to pull you over "just because". " - Yes, if they singled your car out "just because"; but, not when they check everyone's car and no one is singled out. This has already been fought in courtrooms. Also, these road blacks (at least in my area) are publicized well in advance. They tell you when and on what roads they will be located. They only occur during holidays and festivals when drunk driving becomes a problem; not, on a daily basis. "Some would say that they need to do the roadblocks because they can't always tell who is driving drunk. Well, if they can't tell, then the driver isn't much of a threat." Unfortunately, saying "the driver isn't much of a threat" is false. Just because he can make his way down the road without weaving doesn't mean that he is not a threat. Most drunk driving accidents occur because the unexpected happens and the drunk drivers reaction time is impaired or the driver "overcorrects" when trying to respond to the unexpected. You can drive the same route every day drunk and sober and not have an accident; but, if something unexpected happens a sober driver has faster reponses and is more likely to respond appropriately and avoid an accident than a drunk driver. What am I talking about when I say unexpected - things like a blowout on the vehicle ahead of you, an animal jumping into the road, someone running a red light or stop sign in front of you, a large pothole, etc.

Hi Ted, I wondered about that myself. With all the laws everchanging, I wasn't sure if i'd missed something or not. I came upon one of these roadblocks a few weeks back while driving home from work. I have to say that I was pretty preturbed at the hold up as well as the treatment I got. I had just gotten out of work and it was quite late. I work out of town and was just anxious to get home. There they were with all their bright and blinding lights and some cop ordering me to pull over. I did and there I sat for a good 5 mins waiting for him to finally come to my car. They had several of us all pulled to the sides of the road. He approached my car and I rolled down the window. He did not ask if I'd been drinking. He aked, " How much have you had to drink tonight." I hadn't been drinking at all and told him that I just got off from work. He then asked a battery of questions as to where I worked, lived and where I was heading etc.

Road Block's are just Terrible. According to me the main motive is not to catch Drunk people but to earn some money. In India near my house every night Road Block's are set up. Sometimes it becomes very Difficult as the Cops create a lot of Problem. I was caught on the 31st night and they irritated me a lot but in the end I gave the cop a 5$ bribe as I did not have my License with me and then I was allowed to Leave. I seriously hate the Government for this. It cause a lot of problem's to many people.

That's the reason we HAVE human police-officers---because someone has to protect us from people who REALLY ARE making trouble! For that, I thank the cops.

Lets throw in the fact that they hardly ever catch drunk drivers in these. http://www.ci.beaumont.ca.us/DocumentView.aspx?DID=638 1740 cars checked = 7 DUIs https://www.checkpointusa.org/blog/index.php/2007/02/23/p25 To put these numbers in context, I also looked at the total number of DUI arrests made from all enforcement activity over the same time period. Since a total of 2,058 DUI arrests had been made, sobriety checkpoints only accounted for 10.6% of them, despite the huge investment in man-power, resources, time and media coverage. What was even more telling however was that Pima County's checkpoint arrest rate was markedly similar to rates found around the country - approximately 0.6% there is a ton more info indicating that these checkpoints are a waste of time, money and resources. Now, lets look at the fact that yes they are a HUGE violation of our rights The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I was arguing about this 20 years ago. We are now in the 21st century. The US has fallen behind big time.

They always show the commercials here with them doing roadblocks but they have actually never in real life down one it is kinda funny they do sometimes wait near the busy bars in town to catch the people but where I live a lot of people are walking so if they get busted it is for causing a problem lucky for me I live in the city where slowing down traffic on the busy streets for one of these would cause the city to shut down as where I live is in between two may drags. I also don't drive I would say they are against the constitution but no one seems to care about that anymore oh and also we are forgetting that they are doing the morally correct thing by protecting us or something like that. This is what you get when you want to take the moral route where constitutionally you would be taking the highest moral route you can take but at least a majority seem to think we are a religious nation or some other junk. (Trying real hard to stay on topic) People need to have more education on their rights like I don't let comes do searches on my persons. I also don't let them come inside my house either they have no right to be inside my house without a warrant or prob cause. Same for searching me or when I do get a car my car they won't be given that right which many people consent to having violated the ACLU has put out several videos on Youtube on how to use your rights.

hi parated wow your discussions make me think lol.okay it seems like we do put up with things just because they are there but that does not really justify police as treating us all as criminals until the guilty are found. I hate drunk driving with a vengeance as friends of mine have been injured by idiots who drive home drunk because they cannot walk straight. it is not funny at all. But this does not justify road blocks, why not just take off after the guy who is swerving from lane t o lawn.If we do not protect our rights as citizens of the US we do not deserve to have them. I can tell at once who is driving drunk as they wobble with their cars worse than they wobble when trying to walk a straight line.

I am so with you on this, but look at the sad state of our country. It's no wonder why those little Kremlin and East Berlin lookin Honda box cars are so popular these days - because we might as well be living in it.

I agree with you completely on this one. Any checkpoint where they detain you without probable cause is a violation of our constitutional rights. Just as the body scans and patdown searches at the airport are. The police in this country seem to be overstepping their bounds with the backing of the courts and judges who don't know how to do their job very well either. The main reason they do the checkpoints is that it's easier. They just set up in one spot and they get everyone to come to them. They just sit there and glean minor violations and issue tickets. If they come away with a bunch of tickets issued, for whatever they can, they consider it a big success. Same idea as the intersection cameras that snap the pictures of red light runners. The cops don't have to do a thing. The municipality just sits back and sends out tickets and collects revenue. It's very efficient and makes them a lot of money. Never mind that they can't prove who's driving the car at the time but who cares about little trivialities like that, right? People don't understand that this type of thing isn't to protect the public. It's not about public safety. It's not about getting drunk drivers off the road. These are just the excuses. It's how they sell it to a gullible public by saying that giving up your rights under the constitution is the price of "security" when it's mainly about money. "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin

We may not agree with these check points for drunk driving but sometimes they need to be done. sometimes it is the only way for law enforcement to catch people ho should not be driving. It can save a life that could be yours.

I feel that roadblocks do give officers a chance to harass people that aren't doing anything. I feel that all the people who loves to drink and drive pretty much know already not to go out on the days they give these roadblocks. In society its always something that some of the innocent people have to face. Not only they have the roadblocks now, they also established a red light enforcement camera to take a picture of your vehicle license plate to see if you've ran the red light and some people don't get treated fair on this situation either. You can get your license plate suspended for this and I think your license itself. The pay amount is $100 dollars.

I have always had a problem with these roadblocks. They make me think of the Nazis and other oppressive regimes. I'm slightly conflicted, however. A beloved aunt of mine was killed by a drunk driver in a horrific accident that the driver emerged from unhurt while my aunt was a "vegetable". Remembering that, I want to do all I can to spare other people the agony of losing a loved one. But how far do we go? Because of my personal pain do I really have the right to say that impeding someone's liberty is justified? No. We can adjust our lifestyles and when we get sick and tired of staying home to avoid the irresponsible drunks we can socially apply pressure for those people to stop their destruction. We have had our liberties eroded slowly over the past 30 years and it's time to stop that creeping threat. If we don't start now it will be too late. I believe that roadblocks are unconstitutional and it's high time we look for other methods to make our roads safe. Who was it that said that people who give up liberty for security deserve neither?

Here they do road blocks for drivers licence and insurance checks too...not just to check for drunk drivers. Personally I have always had an issue with road blocks because a police officer is suppost to only be able to pull you over with probable cause..not just to "check and see". So they are a violation of our rights. But people let them get away with it so that is why you see it happening.