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re: Can someone explain to be how sobriety check points are legal?

Posted on 11/29/25 at 8:37 am to
Posted by Maytheporkbewithyou
Member since Aug 2016
13856 posts
Posted on 11/29/25 at 8:37 am to
quote:

The question is: Where is the probable cause for being detained? There is none and I don't drink alcohol


This is my problem with it, too. I don't drink either.
Posted by Ponchy Tiger
Ponchatoula
Member since Aug 2004
48760 posts
Posted on 11/29/25 at 8:41 am to
I had a brother who was killed by a drunk driver and I am 100% against sobriety check points. IMO they do not do anything to deter drunk driving. You know what deters drunk driving? Stiff laws and Harsh sentences for someone drunk who hurts or kills someone in a wreck. I am against check points because they are a waste of money. They are nothing but a money grab for departments and officers that get O.T. from them. You ever been through one? You see the amount of officers working them? I have went through 2 and there was at least 30 cops working both of them. That money would be better spent if its given to officers on the road. If they were really serious about busting drunk drivers they would post up outside of bars and follow people as they leave. My point is check points are racket.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57783 posts
Posted on 11/29/25 at 9:03 am to
quote:

Can someone explain to be how sobriety check points are legal?


Roadways (those built and maintained by the city, parish/county, state or federal government) are public property.

Part of that maintenance is to ensure public safety.

Operating a vehicle on public property while under the influence is against the law.

Thus, just like running radar in areas where people are known to speed or sitting near intersections with stop signs which people routinely ignore, running sobriety checkpoints in areas and at times when it is more likely that people may be driving under the influence is indeed legal.

I'm okay with that. The law is in place because so many asshats drove drunk and killed people, even with the laws in place and checkpoints happening it chemical impairment (usually alcohol) is the number one reason for fatalities in vehicle crashes.

What I'm not okay with is that DUI laws cover operating under the influence on private property as well. In most states you don't need a license to drive on private property (whether your own or that of someone else who has given you permission) unless that property is public access (like a mall, for instance). Making laws governing operating a vehicle under the influence while on your own property is a bit too nanny-state for me.
Posted by LemmyLives
Texas
Member since Mar 2019
13157 posts
Posted on 11/29/25 at 9:14 am to
quote:

IMO they do not do anything to deter drunk driving

Four of us were in a clearly marked Yellow cab (not Uber) back from a bar district in Northern Virginia and went through one. They still stopped and ID'd all of us (early 30s in age). WE WERE IN A CAB for Christ's sake.
Posted by Capitalist
Member since May 2014
149 posts
Posted on 11/29/25 at 9:18 am to
If you spot a checkpoint, you can legally make a U-Turn or pull into a parking lot and then turn the other way and they cannot stop you as long as you do no illegal moves with your car and use your blinker. They must have probable cause to stop you if you turn the other way.
Posted by Thundercles
Mars
Member since Sep 2010
6114 posts
Posted on 11/29/25 at 9:19 am to
Not a single person has said "I dislike DUI checkpoints because I want to drink and drive" yet that is repeated over and over again in here by those who are unable or unwilling to read. What we have said is "I dislike DUI checkpoints because police invent massive authority to stop and question every single legal driver on the road in the hopes of catching the dozen drunks."

What most people are missing in this thread is that the problem with a DUI checkpoint is it's an infringement on rights and the Supreme Court has admitted it violates the 4th amendment, but they let it happen anyway.

The founding fathers had incredibly good reason for creating rules that stop the government from entering and ransacking your home at will, and this is just a step in allowing that to happen.
Posted by forkedintheroad
Member since Feb 2025
1449 posts
Posted on 11/29/25 at 9:40 am to
quote:

Thus, just like running radar in areas where people are known to speed or sitting near intersections with stop signs which people routinely ignore, running sobriety checkpoints in areas and at times when it is more likely that people may be driving under the influence is indeed legal.


You're comparing publicly observing lawbreaking with stop and detainment without knowing if any law has been broken.

The latter is only legal according to 9 overpowered individuals and is subject to change in the future.
Posted by TygerLyfe
Member since May 2023
2804 posts
Posted on 11/29/25 at 9:46 am to
I'm a sovereign citizen, dammit
Posted by imjustafatkid
Alabama
Member since Dec 2011
62354 posts
Posted on 11/29/25 at 9:50 am to
quote:

WTF?
Make sense? You just compared thousands of horrific deaths to elections?


You may not be aware, but the governance of our country can also directly lead to deaths.

See: open border policies, soft on crime policies
This post was edited on 11/29/25 at 9:51 am
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57783 posts
Posted on 11/29/25 at 10:34 am to
quote:

You're comparing publicly observing lawbreaking with stop and detainment without knowing if any law has been broken.


If someone's speeding is obvious (90 in a 55 for example), sure. In that instance it's no different than a cop observing someone driving erratically or actually seeing them slamming back a beer while driving.

A lot of radar being run is done without knowing if the motorist is speeding or not (until they get the reading back from the radar), which is no different than pulling someone over at a DUI checkpoint.
Posted by forkedintheroad
Member since Feb 2025
1449 posts
Posted on 11/29/25 at 10:40 am to
quote:

A lot of radar being run is done without knowing if the motorist is speeding or not (until they get the reading back from the radar), which is no different than pulling someone over at a DUI checkpoint


Scanning someone with radar is not a detainment.

Stop comparing the two.
Posted by Corner Pocket
Member since Feb 2024
189 posts
Posted on 11/29/25 at 11:11 am to
Michigan Department of State Police v. Sitz

City of Indianapolis v. Edmond
Posted by 844_Tiger
Down_Under
Member since Jul 2021
158 posts
Posted on 11/29/25 at 11:14 am to
Stop driving drunk, a-hole.

Thank you for your attention to this matter
Posted by tigersownall
Thibodaux
Member since Sep 2011
16633 posts
Posted on 11/29/25 at 11:18 am to
They aren’t. Complete money grab. Doesn’t stop people from driving drunk at all.

You never see them in the hood.
Posted by Vacherie Saint
Member since Aug 2015
45948 posts
Posted on 11/29/25 at 11:21 am to
quote:

By stopping and checking everyone, there is no reasonable suspicion standard.

Fify
Posted by tigersownall
Thibodaux
Member since Sep 2011
16633 posts
Posted on 11/29/25 at 11:22 am to
quote:

This day and age with uber etc. there is no excuse to drive intoxicated.


So sick of hearing this shite. Plenty small towns are uber/lyft/taxi deserts. They are not as prevalent as everyone thinks they are.
Posted by tigersownall
Thibodaux
Member since Sep 2011
16633 posts
Posted on 11/29/25 at 11:32 am to
quote:

Driving a car is a privilege, not a right.


bullshite low t soy boy. If society collapses tomorrow and the laws of this land are no more you think people are going to stop driving?
Posted by Alltheway Tigers!
Baton Rouge
Member since Jan 2004
7911 posts
Posted on 11/29/25 at 11:33 am to
quote:

By stopping and checking everyone, there is no profiling or discrimination.


Depends on location.
Posted by ultratiger89
Houston, Tx
Member since Aug 2007
3644 posts
Posted on 11/29/25 at 11:37 am to
Can you explain how they are illegal?
Posted by TBoy
Kalamazoo
Member since Dec 2007
27393 posts
Posted on 11/29/25 at 12:27 pm to
quote:

If society collapses tomorrow and the laws of this land are no more you think people are going to stop driving?

Where will you get gasoline?
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