Pennsylvania DUI checkpoints: What are the requirements?
In any DUI arrest and prosecution based on a stop conducted at a roadblock or checkpoint, the Commonwealth (referred to as State for the remainder of this article) has the burden of proving that they roadblock did, in fact, past Constitutional muster. The roadblocks must be:
- Systematic; and
- Non-discriminatory; and
- Non-arbitrary; and
- Intended to ensure public safety
If they are not any of the above four things, then they are not Constitutional. In the court's own words:
The conduct of the roadblock itself can be such that it requires only a momentary stop to allow the police to make a brief but trained observation of a vehicle's driver, without entailing any physical search of the vehicle or its occupants. To avoid unnecessary surprise to motorists, the existence of a roadblock can be so conducted as to be ascertainable from a reasonable distance or otherwise made knowable in advance. The possibility of arbitrary roadblocks can be significantly curtailed by the institution of certain safeguards. First[,] the very decision to hold a drunk-driver roadblock, as well as the decision as to its time and place, should be matters reserved for prior administrative approval, thus removing the determination of those matters from the discretion of police officers in the field. In this connection it is essential that the route selected for the roadblock be one which, based on local experience, is likely to be travelled by intoxicated drivers. The time of the roadblock should be governed by the same consideration. Additionally, the question of which vehicles to stop at the roadblock should not be left to the unfettered discretion of police officers at the scene, but instead should be in accordance with objective standards pre[-]fixed by administrative decision. Com. v. Blouse, 531 Pa. 167 (1992).
When considering the constitutionality of Pennsylvania DUI checkpoints, the courts weigh the following factors:
- The public's interest;
- The amount or degree which the roadblock and seizure of the driver contributes to the public's interest; and
- The extent of the inteference with individual liberty imposed by the checkpoint.
If you were stopped at a Pennsylvania DUI roadblock, do not assume that just because checkpoints are legal in PA in general, that it will meet the Constitutional test in your case. It is always a good idea to have an experienced lawyer review the facts of your case, and the circumstances of the roadblock before you make any decisions in your case.
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