State by State DUI Checkpoint Laws
In the state of Oregon, DUI checkpoints have been banned. Anyone that moves to the state from California or Nevada may not realize that sobriety checkpoints are not authorized (see State v. Boyanovsky, 743 P.2d 711 (Or. 1987)). Studies have shown that DUI checkpoints reduce alcohol related crashes by as much as 9%. That said, for Oregon law enforcement officials to start setting up DUI checkpoints there will have to be legislation that is voted on by the residents of the state.
Below you will find a chart of the state sobriety laws:
| State | Checkpoints Conducted? | Frequency | Legality |
| Alabama | Yes | Throughout the year | Upheld under federal Constitution |
| Alaska | No | No state authority | |
| Arizona | Yes | At least once per month | Upheld under federal Constitution |
| Arkansas | Yes | Weekly | Upheld under state and federal Constitution |
| California | Yes | 2,500+ annually | Upheld under state and federal Constitution |
| Colorado | Yes | Once or twice a month | Upheld under state and federal Constitution |
| Connecticut | Yes | Upheld under state Constitution | |
| Delaware | Yes | Monthly January to June; weekly July through December | Upheld under state law and federal Constitution |
| D.C. | Yes | Once or twice a month | Upheld under federal Constitution |
| Florida | Yes | Between 15-20 per month | Upheld under federal Constitution |
| Georgia | Yes | Weekly | Upheld under state and federal Constitution |
| Hawaii | Yes | Weekly | Authorized by statute |
| Idaho | No | Illiegal under state law | |
| Illinois | Yes | Several hundred per year | Upheld under federal Constitution |
| Indiana | Yes | Upheld under state Constitution | |
| Iowa | No | Not permitted – statute authorizing roadblock controls does not authorize sobriety checkpoints | |
| Kansas | Yes | Once or twice a month | Upheld under state law and federal Constitution |
| Kentucky | Yes | Weekly | Upheld under federal Constitution |
| Louisiana | Yes | Upheld under state Constitution | |
| Maine | Yes | Upheld under federal Constitution | |
| Maryland | Yes | Weekly | Upheld under state and federal Constitution |
| Massachusetts | Yes | Year round | Upheld under state and federal Constitution |
| Michigan | No | Illegal under state Constitution | |
| Minnesota | No | Illegal under state Constitution | |
| Mississippi | Yes | Weekly | Upheld under federal Constitution |
| Missouri | Yes | Once or twice a month | Upheld under state and federal Constitution |
| Montana | No | Statute permits only safety spotchecks | |
| Nebraska | Yes | 6 – 10 per month | Upheld under state law |
| Nevada | Yes | Once or twice a month | Authorized by statute |
| New Hampshire | Yes | Weekly, weather permitting | Authorized by statute (must be judicially approved) |
| New Jersey | Yes | Once or twice a month | Upheld under state and federal Constitution |
| New Mexico | Yes | Upheld under state and federal Constitution (law enforcement must follow guidelines) | |
| New York | Yes | Weekly | Upheld under federal Constitution |
| North Carolina | Yes | Weekly | Authorized by statute |
| North Dakota | Yes | Upheld under state and federal Constitution | |
| Northern Mariana Islands | Yes | Twice a month | |
| Ohio | Yes | Year round | Upheld under state and federal Constitution |
| Oklahoma | Yes | Once or twice a month | Upheld under state and federal Constitution |
| Oregon | No | Illegal under state Constitution | |
| Pennsylvania | Yes | Several hundred per year | Upheld under state and federal Constitution |
| Rhode Island | No | Illegal under State Supreme Court decision | |
| South Carolina | Yes | No state authority | |
| South Dakota | Yes | Weekly | Upheld under state and federal Constitution |
| Tennessee | Yes | Once or twice a month | Upheld under state and federal Constitution |
| Texas | No | Illegal under Texas’ interpretation of federal Constitution | |
| Utah | Yes | About every other month | Authorized by statute |
| Vermont | Yes | Weekly | Upheld under state and federal Constitution |
| Virgin Islands | Yes | Monthly and during national mobilizations and local festivals and carnivals | |
| Virginia | Yes | Weekly | Upheld under state and federal Constitution |
| Washington | No | Illegal without authorizing statute per State Supreme Court (Seattle v. Mesiani; 1988) | |
| West Virginia | Yes | Weekly | Upheld under state and federal Constitution |
| Wisconsin | No | Prohibited by statute | |
| Wyoming | No | Prohibited by interpretation of roadblock statute | |
| Total States | 38 + D.C., Northern Mariana Islands, Virgin Islands |
If you have any questions as it relates to a DUII citation in the state or Oregon please reach out to Portland DUI Lawyer Andy Green today at 503-477-5040. He has years of experience defending those that have been given a DUII ticket in Oregon.
Note that each state has different laws and regulations when it comes to driving citations. Our friend David Azizi, a Los Angeles car accident attorney, explains that each county in southern California has a different level of “strictness” when it comes to both personal injury and criminal defense cases. If you want to know more about your county and live in the state or Oregon do not hesitate to contact Mr. Andy Green today.