No one wants to get stopped in a DUI checkpoint, whether they’ve been drinking or not. The line is long, you have to interact with police – which can be stressful – and it prevents you from getting where you want to go. If you saw someone standing on the road with a sign that a DUI checkpoint was coming up, you’d like appreciate it, right? Or if someone on social media let you know where the checkpoint would be?
DUI checkpoints are no secret – they’re announced publically ahead of time – but believe it or not, some people have still gotten not just fines but actual jail time just for warning drivers that a checkpoint was coming up. This leads many to wonder: Is it really illegal to warn drivers of a checkpoint?
The Supreme Court weighs in on DUI checkpoints
Many people don’t believe that DUI checkpoints should be legal at all. In fact, the Supreme Court ruled on them in 1990 and agreed that they infringe on our 4th Amendment rights. However, they also said that this infringement was less important than the state’s need to catch drunk drivers. That’s why the official ruling was that they are legal but that it’s up to states to decide how they’ll run, though they did say that states must announce the location of DUI checkpoints ahead of time.
Examples of people arrested for pointing out DUI checkpoints
If checkpoints are released beforehand, then it can’t be illegal to tell people they’re coming up, can it? That’s what many people think, but one man warned drivers about DUI checkpoint in 2014 with a sign telling drivers to turn. He was standing on a public sidewalk near the DUI checkpoint. He was issued a ticket and the police took his sign. What’s worse, he was later convicted of obstructing justice and received a sentence that included jail time.
Another man was charged with reckless use of a highway by holding up a sign near a DUI checkpoint that informed drivers a DUI checkpoint was coming up and that the drivers should stay calm and keep silent.
The confusing answer
You’ll note that in both of the above examples, these men weren’t charged with alerting the public about the checkpoints. Why? Because it’s not against the law. That said, police may try to find grounds to arrest or ticket a person for doing so anyway.
At Law Office of Michael L. Fell, we hope the men above had a good criminal defense attorney who fought for their rights. With situations like this, where the law is ambiguous, a good attorney can make all the difference. If you’ve been charged with a crime, we welcome you to call us at (949) 585-9055 for your free case evaluation.