DUI roadblocks, or sobriety checkpoints, have been a subject of much debate in the United States. While their proponents argue that they are necessary to ensure public safety, others question their effectiveness and constitutionality. In this blog post, we will delve into the history of DUI roadblocks, the Supreme Court case that approved their use, and the public safety argument justifying these checkpoints. We will also examine the current statistics surrounding DUI prevalence and discuss whether the continued use of DUI roadblocks is justifiable considering the Fourth Amendment.

The History of DUI Roadblocks:

DUI roadblocks have been in use in the United States since the 1980s. Their implementation was initially met with skepticism and legal challenges, as opponents argued that these checkpoints violated the Fourth Amendment, which protects against unreasonable searches and seizures.

The SCOTUS Case that Approved DUI Roadblocks:

The constitutionality of DUI roadblocks was ultimately decided in the 1990 Supreme Court case, Michigan Department of State Police v. Sitz. In this case, the Court ruled in favor of sobriety checkpoints, holding that their use was constitutional.

In the majority opinion, Chief Justice Rehnquist wrote that the primary purpose of DUI roadblocks was to promote public safety by reducing the number of drunk drivers on the road. He argued that the momentary and minor inconvenience of a stop was justified by the greater public good of keeping the roads safe. The Court also noted that the intrusion on individual liberties was minimal, as drivers were briefly stopped and only those exhibiting signs of intoxication were subjected to further investigation.

Public Safety Argument and Statistics at the Time of the SCOTUS Decision:

At the time of the Sitz decision, the Court relied on statistics showing that alcohol-related traffic fatalities accounted for approximately 25,000 deaths annually in the United States. This figure represented nearly half of all traffic fatalities at the time. The Court also cited studies indicating that sobriety checkpoints could reduce alcohol-related fatalities by 1.6% to 20%. Based on these figures, the Court concluded that DUI roadblocks served a significant public safety interest.

Questioning the Continued Justification of DUI Roadblocks:

Since the Sitz decision, the nighttime prevalence of DUI has dropped significantly. According to the National Highway Traffic Safety Administration (NHTSA), the prevalence of drivers with a blood alcohol content (BAC) of 0.08% or higher during nighttime hours has decreased from 36% in 1973 to 8.3% in 2013-2014. That’s nearly a factor of 5. Quite a drop off. Additionally, the number of alcohol-related traffic fatalities has also declined over the years. In 2019, there were 10,142 alcohol-impaired driving fatalities, accounting for 28% of all traffic fatalities in the United States. By adjusting for population growth, we can estimate that the number of alcohol-related traffic fatalities in 2019 would have been approximately 7,042 if the population were the same as in the year cited by the Stitz court when it found that DUI roadblocks served a significant public safety interest. That is nearly a four fold decrease. Quite a decrease.
Despite the decrease in DUI prevalence, the effectiveness of DUI roadblocks in catching impaired drivers remains low. A study published in the American Journal of Preventive Medicine found that only 1 out of every 161 drivers stopped at a sobriety checkpoint was arrested for DUI. Given the low success rate, one might question whether the continued use of DUI roadblocks is still a justifiable intrusion on individual liberties protected by the Fourth Amendment.

Conclusion:

The history of DUI roadblocks in the United States has been marked by a constant debate between public safety and individual rights. While the Supreme Court initially upheld the constitutionality of DUI checkpoints based on public safety concerns and the alarming statistics of alcohol-related traffic fatalities at the time, the landscape has since changed. The significant decrease in DUI prevalence and the relatively low success rate of DUI roadblocks in catching impaired drivers raise important questions about their continued justification. As society evolves, it is essential to reevaluate the balance between public safety and individual liberties, ensuring that the measures we employ to keep our roads safe are both effective and respectful of our constitutional rights.

The post DUI Roadblocks: A Look into Their History, Justification, and Current Effectiveness appeared first on Pennsylvania DUI Blog.

Driving under the influence (DUI) is a major public safety concern across the United States, and Pennsylvania is no exception. Law enforcement agencies in the state have implemented various measures to combat DUIs, including the use of DUI roadblocks or sobriety checkpoints. In this blog post, we will explore Pennsylvania DUI statistics and examine the efficiency of DUI roadblocks in catching impaired drivers. We will also compare the prevalence of DUI at nighttime, as found in the National Highway Traffic Safety Administration (NHTSA) roadside surveys, to the prevalence of DUI at these roadblocks.

Pennsylvania DUI Statistics:

DUI-related incidents are a significant issue in Pennsylvania. According to the Pennsylvania Department of Transportation, in 2020:

• There were 9,244 alcohol-related crashes, which resulted in 267 fatalities.
• Alcohol-related crashes accounted for 23% of all traffic fatalities in the state.
• The highest number of alcohol-related crashes occurred during the holiday season, particularly between Thanksgiving and New Year’s Day.

DUI Roadblocks and Their Efficiency:

DUI roadblocks, also known as sobriety checkpoints, are a common strategy used by law enforcement agencies to identify and apprehend impaired drivers. These roadblocks involve stopping vehicles at predetermined locations and checking drivers for signs of impairment.
According to a study by the NHTSA, DUI checkpoints have been effective in reducing alcohol-related crashes by up to 20%. However, the efficiency of these roadblocks in catching DUI drivers can vary based on several factors, such as:

• The frequency and visibility of the checkpoints
• The number of officers present at the checkpoints
• The level of public awareness and education regarding the dangers of impaired driving

Nighttime Prevalence of DUI vs. Prevalence at Roadblocks:

The NHTSA conducts periodic roadside surveys to gauge the prevalence of impaired driving. These surveys have consistently shown that the prevalence of DUI is significantly higher during nighttime hours. According to a 2013-2014 NHTSA survey:

• The overall prevalence of drivers with a blood alcohol content (BAC) of 0.08% or higher was 1.5%.
• The prevalence of drivers with a BAC of 0.08% or higher during nighttime hours (10 p.m. to 3 a.m.) was 8.3%.

When comparing these statistics to the prevalence of DUI at roadblocks, the results may seem less impressive. For example, a study published in the American Journal of Preventive Medicine found that only 1 out of every 161 drivers stopped at a sobriety checkpoint was arrested for DUI. This discrepancy raises questions about the overall efficiency of DUI roadblocks in catching impaired drivers compared to the prevalence of DUI during nighttime hours.

Conclusion:

DUI roadblocks do not catch as many impaired drivers as nighttime roadside surveys suggest exist. Is the rationale and the justification of these intrusions still hold legal weight?

The post Pennsylvania DUI Statistics and Roadblocks: Do They Make a Difference? appeared first on Pennsylvania DUI Blog.

While many of us will be out enjoying all that Pennsylvania has to offer with family and friends, police are hard at work planning DUI checkpoints on major roadways.

At The McShane Firm, we encourage all drivers to make safe and responsible decisions.  We also believe that the entire population of Pennsylvania should not be subject to unwarranted searches at DUI checkpoints.  We want to avoid this infringement on our rights as a citizen and to be simply left alone from warrantless intrusion by the Government. The fact of the matter is, the motivations behind DUI checkpoints are financial and political.   They are not an effective law enforcement tool.

If you would like to share information about a checkpoint, please use the comment section below.

If you are pulled over for a DUI or stopped at a checkpoint please make sure to read: Our Guide on how to save yourself from a false DUI arrest.

Latest Information on DUI Checkpoints:
Union County
Cambria County
Fayette County
York and Adams Counties

The post 2018 Memorial Day DUI Checkpoints appeared first on Pennsylvania DUI Blog.

While many of us will be out enjoying all that Pennsylvania has to offer with family and friends, police are hard at work planning DUI checkpoints on major roadways.

At The McShane Firm, we encourage all drivers to make safe and responsible decisions.  We also believe that the entire population of Pennsylvania should not be subject to unwarranted searches at DUI checkpoints.  We want to avoid this infringement on our rights as a citizen and to be simply left alone from warrantless intrusion by the Government. The fact of the matter is, the motivations behind DUI checkpoints are financial and political.   They are not an effective law enforcement tool.

If you would like to share information about a checkpoint, please use the comment section below.

If you are pulled over for a DUI or stopped at a checkpoint please make sure to read: Our Guide on how to save yourself from a false DUI arrest.

Latest Information on DUI Checkpoints:
Lebanon County
Adams, York and Lancaster counties
Lycoming County
Pittsburgh
Lehigh County

The post 2017 Memorial Day DUI Checkpoints appeared first on Pennsylvania DUI Blog.

Many good citizens of Pennsylvania see these checkpoints as unwanted and unwarranted intrusion into their lives by the government.  Some would rather avoid the potential traffic jams while those who may be intoxicated may see this information and decide not to get behind the wheel.

• York County
• Harrisburg, Dauphin County
• Lancaster County
• Dauphin County

If you come across any DUI checkpoints please post the information in the comments below. Remember to include the location, date and time to help others. If you do run into a DUI checkpoint please follow our guide to protect you from a false DUI arrest.

Remember to share this page with your friends on Facebook, Twitter, etc. using the easy bookmarks below.

The post Christmas 2016 DUI Checkpoints in PA appeared first on Pennsylvania DUI Blog.

At The McShane Firm, we encourage all drivers to make safe and responsible decisions. We also believe that the entire population of Pennsylvania should not be subject to unwarranted searches at DUI checkpoints.  We want to avoid this infringement on our rights as a citizen to be simply left alone from warrantless intrusion by the Government. The fact of the matter is, the motivations behind DUI checkpoints are financial and political. They are not an effective law enforcement tool.

If you would like to share information about a checkpoint, please use the comment section below.

If you are pulled over for a DUI or stopped at a checkpoint please make sure to read: Our Guide on how to save yourself from a false DUI arrest.

Latest Information on DUI Checkpoints:

• Adams and Lancaster
• York
• Doylestown, Bucks
• Pleasant Hills, Allegheny
• Levittown, Bucks

The post PENNSYLVANIA LABOR DAY DUI CHECKPOINTS appeared first on Pennsylvania DUI Blog.

While many of us will be out enjoying all that Pennsylvania has to offer with family and friends, police are hard at work planning DUI checkpoints on major roadways.

At The McShane Firm, we encourage all drivers to make safe and responsible decisions.  We also believe that the entire population of Pennsylvania should not be subject to unwarranted searches at DUI checkpoints.  We want to avoid this infringement on our rights as a citizen to be simply left alone from warrantless intrusion by the Government. The fact of the matter is, the motivations behind DUI checkpoints are financial and political.   They are not an effective law enforcement tool.

If you would like to share information about a checkpoint, please use the comment section below.

If you are pulled over for a DUI or stopped at a checkpoint please make sure to read: Our Guide on how to save yourself from a false DUI arrest.

Latest Information on DUI Checkpoints:
Adams and Lancaster
Berks, Lebanon and Schuylkill
Bucks
Northampton
Susquehanna
Armstrong and Allegheny
Lawrence County

The post Watch Out for Memorial Day DUI Checkpoints appeared first on Pennsylvania DUI Blog.

• “Will I go to jail?”
• “What will happen to my license?”
• “If I can’t drive, how will I get to work?”

Right now you need answers.   We are here to help.

The McShane Firm has a 24-hour DUI Helpline.  Just call 1-866-MCSHANE and a knowledgeable attorney will be able to answer your questions.  We will explain the charges against you, talk to you about the evidence, and help you chart out a course of action.  We can get started on working for you right away.

The McShane Firm has the knowledge, experience and dedication to fight your case to the finish.  Please give us a call.

The post Here’s What to Do When Arrested for a DUI appeared first on Pennsylvania DUI Blog.

Thanksgiving is the most traveled holiday weekend of the year. Out on the roads you can be sure to be greeted by DUI checkpoints.  According to a person in the know, there will be a “historic” number of DUI checkpoints this weekend.

For example, the Lehigh Valley DUI/Highway Safety Taskforce has announced sobriety checkpoints and roving DUI patrols from Nov. 23 through Nov. 30.  You can expect DUI patrols and checkpoints in every county in PA.

In Berks County, Tpr. David Beohm at the Pennsylvania State Police said, “We do have a checkpoint planned. I can’t tell you where it’s at, but we do have a checkpoint planned sometime in the next couple of days.”

In Bucks County, checkpoints were scheduled to begin at 10 p.m. Wednesday, and participants included officers from nine county police departments for patrolling the Street Road corridor and its feeder streets in Lower Bucks County. This area is of particular significance because it is among the most accident-prone stretches.

Bensalem, Hilltown, Lower Southampton, Middletown, Penndel, Upper Southampton, Warminster, Warwick and Warrington were to have 20 additional roving patrols starting at 10 p.m. Wednesday till 3 a.m. Thursday at Street Road.

Also, PennDOT in partnership with Pennsylvania State Police and the Pennsylvania Liquor Control Board have announced a ‘Click It or Ticket’ seat belt enforcement campaign in 77 municipalities across Chester, Delaware, Bucks and Montgomery counties. This campaign that will run from November 23 to November 30, parallel to the DUI checkpoint.

At The McShane Firm, we encourage everyone to make responsible decisions. Drivers should know what they will encounter on the road and should also know their rights. For more information, please read the article: what to do when you’re pulled over for a DUI in PA.

If you are arrested for a DUI, please call 1-866-MCSHANE right away.  We will be available on this number 24/7 over the holiday weekend to provide you with the best legal advice.

The post A “Historic” Number of DUI Checkpoints Set for Thanksgiving Weekend appeared first on Pennsylvania DUI Blog.

Law enforcement targets high traffic weekends especially ones when people will be out partying.  You can expect to see a heavy police presence this weekend and also in the coming weeks for Thanksgiving.

At The McShane Firm, we encourage everyone to make responsible decisions. Drivers should know what they will encounter on the road and should also know their rights. For more information, please read the article: what to do when you’re pulled over for a DUI in PA.

The post Halloween Sobriety Checkpoints and DUI Patrols Planned for Berks County appeared first on Pennsylvania DUI Blog.