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SMALL SCALE
SOBRIETY CHECKPOINTS
Sobriety checkpoints are an effective law enforcement tool involving
the stopping of vehicles or a specific sequence of vehicles, at a predetermined
fixed location to detect drivers impaired by alcohol and/or other drugs.
These operations not only serve as a specific deterrent by arresting
impaired drivers who pass through the checkpoints, but more importantly,
as a general deterrent to persons who have knowledge of the operation.
Sobriety checkpoints increase the perception of the risk of arrest, if
they are adequately publicized and highly visible to the public.
Staffing requirements for checkpoints are dependent on many factors,
but most importantly the location and traffic volume of the selected
site. The traditional sobriety checkpoint is resource intensive for both
uniform and support personnel, in order to set up and conduct the operation
safely. Resource intensive operations discourage a number of law enforcement
agencies from conducting sobriety checkpoints, particularly smaller agencies
or others that can ill-afford to dedicate limited staff to such an operation.
The end result is that some small agencies are reluctant to use this
effective tool. This results in less frequent use of checkpoints, and
correspondingly, less exposure and awareness by the public and a reduced
perception of risk of arrest for DUI. This may be overcome by partnering
with other agencies in the immediate area.
THE GOAL IS PREVENTION The key to deterring impaired driving
is highly visible enforcement. Prevention and not arrest is the goal.
The research is clear on the affect highly visible enforcement has on
deterring impairing driving. When drivers perceive the risk of being
caught is high their behavior changes immediately. This is the basis
of the You Drink & Drive. You Lose. campaign. The
message is simple, direct, relevant and it works -- having already influenced
thousands of citizens not to drink and drive nationwide. In most cases,
reduced staff checkpoints can be as effective as large scale activities
in preventing impaired driving if the effort is correctly publicized
to increase the perception of being caught.
Accordingly, it's important to have both an operational
and media relations plan to guide your efforts. The following information
is meant to provide you a guide on operational planning for small scale
checkpoints. For information on publicizing and conducting highly visible
enforcement activities, please refer to the Checkpoint and Saturation
Patrol Planning Guidebook, available at www.nhtsa.dot.gov.
PURPOSE OF THIS PUBLICATION The purpose
of this publication is to inform law enforcement agencies of promising
practices by a number of agencies in the application of small scale
sobriety checkpoints. These agencies have conducted sobriety checkpoints
that did not involve large numbers of personnel, leading to a more
efficient use of limited resources and a deterrence capability, without
conducting a large scale sobriety checkpoint operation. RESEARCH CONCERNING SMALL SCALE CHECKPOINTS
In 1995, NHTSA conducted a study in six California communities, to evaluate
the effectiveness of their checkpoint program's staffing levels (three
to five officers vs eight to twelve) and mobility (stationary vs three
sequential locations).
The principal findings of the report included that the low staffing
level approach (when appropriately used) is effective in generating public
awareness and it is more cost-effective than a high staffing level configuration.
SUCCESSFUL SMALL SCALE CHECKPOINT EXPERIENCES
Some states recently have used techniques that permit them to conduct
checkpoints with fewer resources. Moreover, states have found that
their small scale checkpoints yielded a number of advantages. Some
examples of small scale checkpoint programs are described below:
Pennsylvania
Small scale, mobile checkpoints expanded the State's DUI law enforcement
effort over a 15-month intensive enforcement period. Checkpoint activities
were run with limited resources, as few as 5 officers. A significant
benefit experienced by Pennsylvania's small scale checkpoints was that
they created a heightened awareness of their DUI enforcement program.
By allowing the enforcement team to move the location of the operation,
within 5-hour periods, the motoring public was encouraged to exercise
alternatives to drinking and driving. Contact person is Mr. Lou Rader,
Governor's Office of Highway Safety, Commonwealth Keystone Building,
400 North Street, 9th Floor, Harrisburg, 17120-0064, (717) 787-6875.
Florida
The Brevard County Sheriff's Office initiated Checkpoint Brevard, a program
to show that small-scale sobriety checkpoints (using 10 to 12 officers
and volunteers as opposed to 35-40) can be an efficient way to apprehend
impaired drivers. The operational plan included involving officers
from other jurisdictions (Mutual Aid Agreement), media events (press
conferences & live feeds), and rotating checkpoints to high crash
locations. Officers participating in Checkpoint Brevard made 163 impaired
driving arrests over a two-year period. In addition, 58 persons were
arrested on drug charges, 20 arrested on felony charges and 115 arrested
for other misdemeanors offenses. Checkpoint Brevard produced a significant
decrease in alcohol-related traffic fatalities (38.2%), and a decrease
in alcohol-related crashes with injury (9.3%). Officer and public safety
did not appear to be affected negatively by using less manpower at
the checkpoints. At 37 checkpoints, not one crash took place. Small-scale
checkpoints are now being conducted on a monthly basis. Contact person
is Mr. Roger Doherty, DUI Coordinator, Florida Department of Transportation,
605 Suwanne Street, Tallahassee, 32399-0450, (850) 922-5820.
BENEFITS OF SMALL SCALE CHECKPOINTS
The experiences at these sites have demonstrated that the use of small
scale checkpoints can result in:
- More Efficient Use Personnel Resources
- Increased Visibility and General
Deterrence Through Greater
- Mobility
- Lower Operational Costs
- More Participation By Smaller Agencies
SMALL SCALE CHECKPOINT TIPS
Small scale sobriety checkpoints can operate under the same guidelines
as large scale programs, while using only five or more officers.
- Duties can be shared by all personnel assigned to staff the checkpoint.
- Sobriety
checkpoints must be staffed by uniformed officers.
- Volunteers can be
used to assist with additional duties or needs that may arise.
- The
safety and convenience of motorists and law enforcement personnel
are priorities and must not be compromised. Well designed operational
procedures help ensure that small scale sobriety checkpoints are used
legally, effectively and safely.
- Checkpoints should be well publicized
to establish a "perception
of risk" in the community.
SMALL SCALE CHECKPOINT PLANNING CONSIDERATIONS:
- Prosecutorial and Judicial
Support
- Review of Existing Laws and Departmental Policy
- Operational Briefings
and Jurisdiction Review
- Contingency Plans, Mutual Aid Agreements
- Site Locations (Demographics
and Volume)
- Sufficient Warning Devices
- Visible Police Authority
- Detection, Investigation Techniques and Training
- Chemical Testing
Capability
- Public Information, Education and Outreach Strategies
- Data Collection
and Evaluation
ARE SOBRIETY CHECKPOINTS LEGAL?
The U.S. Supreme Court in 1990 (Michigan v. Sitz) upheld the constitutionality
of sobriety checkpoints. The Court held that the interest in reducing
alcohol-impaired driving was sufficient to justify the brief intrusion
of a sobriety checkpoint. If conducted properly, sobriety checkpoints
do not constitute illegal search and seizure in most states.
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