The U.S. Constitution’s Fourth Amendment does not allow law enforcement officers to unreasonably perform search and seizure acts. Since DWI/DUI roadblocks and checkpoints are a suspicionless investigation, some argue that it is unconstitutional and intrusive upon each American’s individual liberties.
However, it was decided that these sobriety checkpoints are necessary to protect American citizens from drunk drivers, and thus the minimal infringement on an individual’s rights are outweighed by states’ interest in protecting its citizens.. The U.S. Supreme Court allows each individual state to create its own laws regarding DWI/DUI roadblocks and checkpoints.
Therefore, DWI/DUI roadblocks and checkpoints are legal in 38 states to help reduce drunk and impaired driving. Twelve states have deemed sobriety checkpoints illegal in some form or another, including Alaska, Idaho, Iowa, South Carolina, Michigan, Minnesota, Oregon, Rhode Island, Washington, Wisconsin, Wyoming.