Are OUI checkpoints unconstitutional? | Fact brief

OUI checkpoints are not categorically unconstitutional, but there are restrictions.

The U.S. Supreme Court ruled in Michigan Department of State Police v. Sitz (1990) that sobriety checkpoints — if conducted properly — do not violate the Fourth Amendment’s protection against unreasonable searches.

The Maine Supreme Judicial Court had reached a similar conclusion in State v. Leighton (1988). The court said OUI roadblocks can be constitutional if police follow clear rules, keep the stops brief and have a strong public safety reason for conducting them.

That doesn’t mean every checkpoint is lawful. Maine courts consider whether they are carefully planned, safely run, publicly announced and brief for drivers, and whether the rules for stopping vehicles are applied consistently.

In State v. Kent (2011), Maine’s highest court threw out evidence from an OUI roadblock because the state failed to show that the checkpoint was planned or carried out consistently with the Fourth Amendment.