Section 6.11 Sobriety Checkpoints

• Library: DWI 2014

In Michigan Department of State Police v. Sitz, 496 U.S. 444, 455 (1990),the Michigan Department of State Police and its director established a sobriety checkpoint pilot program in early 1986. A Sobriety Checkpoint Advisory Committee created guidelines setting forth procedures governing checkpoint operations, site selection, and publicity. Id. at 447.

Under the guidelines, checkpoints would be set up at selected sites along state roads. All vehicles passing through a checkpoint would be stopped and their drivers briefly examined for signs of intoxication. When a checkpoint officer detected signs of intoxication, the motorist would be directed to a location out of the traffic flow where an officer would check the motorist’s driver’s license and car registration and, if warranted, conduct further sobriety tests. If the field tests and the officer’s observations suggest that the driver was intoxicated, an arrest would be made. All other drivers would be permitted to resume their journey immediately. Id.

A sobriety checkpoint operated under the program was conducted in Saginaw County with the assistance of the Saginaw County Sheriff’s Department. During the 75–minute duration of the checkpoint’s operation, 126 vehicles passed through the checkpoint. The average delay for each vehicle was...