Sobriety Checkpoint Laws by State (2026)
Which states allow DUI sobriety checkpoints and which prohibit them.
| State | Sobriety checkpoints |
|---|---|
| Alabama | Yes, they are used. The Alabama Law Enforcement Agency has announced that state troopers would conduct sobriety and driver license checkpoints during holiday impaired-driving campaigns. ALEA news release, Sept. 3, 2020 |
| Arkansas | Yes, they are used. Arkansas State Police releases for holiday impaired-driving campaigns have announced additional sobriety checkpoints across the state. Arkansas Department of Public Safety news release |
| California | Yes. California law requires drivers to stop and submit to a sobriety checkpoint inspection when signs are posted requiring the stop. A vehicle may not be impounded at a checkpoint if the driver's only offense is driving without a license; officers must try to release it to the owner or another licensed driver. Cal. Veh. Code § 2814.2 |
| Colorado | Yes, they are used. CDOT's 'Heat Is On' campaign runs 13 high-visibility impaired-driving enforcement periods a year, and CDOT says those periods may include sobriety checkpoints run by the Colorado State Patrol and local agencies. Colorado Department of Transportation news release, July 2026 |
| Connecticut | Yes, they are used. The Connecticut DOT Highway Safety Office funds DUI sobriety checkpoints run by state and local police; its federal-year 2025 plan estimated about 100 DUI checkpoints statewide. Connecticut Highway Safety Office, FFY 2025 Annual Grant Application |
| Delaware | Yes, they are used. The Delaware Office of Highway Safety runs 'Checkpoint Strikeforce,' a six-month statewide campaign (July 1 through December 31) with added DUI checkpoints and patrols every weekend. Delaware Office of Highway Safety, Impaired Driving page |
| District of Columbia | The Metropolitan Police Department runs weekly 'traffic safety compliance checkpoints' and has promoted them during holiday impaired-driving campaigns such as 'Drive Sober or Get Pulled Over.' Metropolitan Police Department news release, July 1, 2023; MPD Traffic Safety Compliance Checkpoints page |
| Florida | Yes, they are used. The Florida Highway Patrol's policy manual sets rules for 'Comprehensive Roadside Safety Checkpoints,' including sobriety checkpoints, whose stated purpose is to deter offenses such as driving under the influence. Troop commanders approve each checkpoint plan. Florida Highway Patrol Policy Manual, Policy 17.08 (revised 11/23/15) |
| Georgia | Yes, they are used. Georgia's 'Operation Zero Tolerance' is the state's high-visibility enforcement program against impaired driving, using concentrated patrols and sobriety checkpoints, and the state's highway safety plan calls for sobriety checkpoints in areas where impaired-driving crashes are common. Georgia Department of Public Safety, Operation Zero Tolerance; Georgia Strategic Highway Safety Plan 2025-2029 |
| Hawaii | Yes. Hawaii law allows county police departments to run 'intoxicant control roadblock' programs. Each roadblock must stop all vehicles or vehicles chosen in a set numerical pattern, stay at a fixed location for no more than 3 hours, be properly lit and staffed by uniformed officers, and give advance warning of its purpose with signs, flares or similar means. The Hawaii Supreme Court has held that the law does not let officers chase and detain drivers who lawfully avoid a checkpoint. Haw. Rev. Stat. §§ 291E-19, 291E-20; State v. Heapy, 113 Haw. 283 (2007) (case note) |
| Illinois | Yes, they are used. Illinois State Police conduct 'Roadside Safety Checks' focused on impaired driving during holiday enforcement campaigns; in the 2021 Labor Day campaign, ISP reported conducting 248 of them. Illinois Department of Transportation, 2021 Labor Day impaired driving campaign evaluation |
| Indiana | Yes, they are used. The Indiana Criminal Justice Institute partners with local police to run sobriety checkpoints during 'Drive Sober or Get Pulled Over' campaigns, and its DUI Taskforce program funds high-visibility enforcement that includes sobriety checkpoints. Indiana Criminal Justice Institute news release, Aug. 13, 2025; ICJI Impaired Driving page |
| Iowa | Iowa law limits routine police roadblocks to checking driver licensing, vehicle registration, required safety equipment and fish and game laws (plus proof of insurance at a lawful roadblock), along with emergency roadblocks for immediate threats to public safety. Sobriety (OWI) checks are not among the listed purposes for routine roadblocks. Iowa Code § 321K.1 |
| Kansas | Yes, they are used. The Kansas Highway Patrol announces sobriety checkpoints, often run jointly with county sheriffs and city police, with the stated goal of removing drivers under the influence of alcohol or drugs from Kansas roads. Kansas Highway Patrol media release KHP 2026-H-01 |
| Kentucky | Yes. Kentucky State Police posts conduct 'traffic safety checkpoints' that check for sobriety along with seatbelt, insurance and registration violations. The Kentucky Transportation Cabinet's checkpoint guide says these are also known as sobriety checkpoints and that, under the Kentucky Supreme Court's decision in Commonwealth v. Buchanon (2003), key decisions such as date, time, location and procedures must be made by supervisory officers, among other requirements. Kentucky State Police Post 14 announcement (Oct. 1, 2026); Kentucky Traffic Safety Checkpoint Guide (2022) |
| Louisiana | Yes, they are used. Louisiana State Police troops, often with parish sheriff's offices, announce and conduct sobriety checkpoints. Louisiana State Police news release, July 30, 2026 |
| Maine | Yes, they are used. The Maine Bureau of Highway Safety hands out a notice explaining that sobriety checkpoints are set up to detect impaired drivers, are clearly marked by signs in advance, and stop vehicles in a set sequence such as every vehicle or every third vehicle. The state's OUI guide notes that Maine's highest court has upheld roadblocks that limit officer discretion and minimize intrusion, weighing factors such as advance notice, location, duration and supervisor-set standards. Maine Bureau of Highway Safety, 'What Is a Sobriety Checkpoint?' notice (3-25); Maine OUI Guide, 5th ed. (2025) |
| Maryland | Yes, they are used. The Maryland Highway Safety Office explains that police set up sobriety checkpoints, especially around holidays and weekends, where drivers are stopped briefly while an officer checks for impairment, and that checkpoints must be clearly marked so drivers get advance warning. Maryland Highway Safety Office, 'What Happens at a Sobriety Checkpoint?' |
| Massachusetts | Yes, they are used. The Massachusetts State Police have announced sobriety checkpoints in advance, funded by the state Highway Safety Division, stating that vehicles are not selected arbitrarily and that advance notice is given to reduce motorists' fear and anxiety. Massachusetts State Police press release, May 7, 2018 |
| Minnesota | No. In Ascher v. Commissioner of Public Safety (1994), the Minnesota Supreme Court held that police could not conduct sobriety checkpoints, reasoning that they were an unlawful invasion of privacy and that officers must have reasonable suspicion of a violation before stopping a motorist. Ascher v. Commissioner of Public Safety (Minn. 1994), as described by the Minnesota Department of Natural Resources |
| Mississippi | Yes, they are used. The Mississippi Office of Highway Safety funds local agencies to conduct impaired-driving enforcement checkpoints during national 'Drive Sober or Get Pulled Over' periods and reports the number of checkpoints conducted. Mississippi Office of Highway Safety, FY2024 Annual Report |
| Missouri | Yes, they have been used. The Missouri State Highway Patrol has announced sobriety checkpoints where motorists are contacted for the limited purpose of determining whether they are impaired by alcohol or other drugs. Missouri State Highway Patrol news release, March 30, 2016 |
| Montana | Montana law does not list DUI sobriety checks as a purpose for roadblocks. Police may set up temporary roadblocks only to catch wanted persons, respond to an active emergency, or address areas with many known causes of serious crashes. At these roadblocks, officers may check license, registration and insurance. At a crash-area roadblock, officers may not ticket for secondary offenses. That kind of roadblock needs a written, supervisor-approved plan that sets a fixed pattern for which vehicles are stopped, and the media must be told at least 48 hours ahead. MCA 46-5-502, 46-5-510 |
| Nebraska | Legal and used. Nebraska's impaired-driving program assessment says sobriety checkpoints are allowed in Nebraska but must follow strict guidelines set by U.S. Supreme Court and Nebraska court decisions. The state's impaired-driving plan says law enforcement, including the Nebraska State Patrol, runs high-visibility enforcement checkpoints during mobilizations, major holidays, sporting events and community events. Nebraska DOT Highway Safety Office, Impaired Driving Program Assessment (June 2025); Nebraska Impaired Driving Strategic Plan |
| Nevada | Nevada law lets police set up 'administrative roadblocks' on state highways for any lawful purpose, subject to safety rules. The roadblock must be visible from at least 100 yards, have a STOP sign and a red flashing light at the entrance, and have advance warning signs set back a minimum distance. Police may also set up temporary roadblocks to catch wanted persons or deal with emergencies or hazards. The statute does not specifically mention sobriety checkpoints. NRS 484B.007, 484B.570, 484B.573 |
| New Hampshire | Allowed only with a court order. A New Hampshire law enforcement officer or agency may not set up a sobriety checkpoint unless it first petitions the superior court and the court authorizes it, after finding that the checkpoint is warranted and the proposed method of stopping vehicles meets constitutional requirements. RSA 265:1-a |
| New Jersey | Legal and used. The New Jersey Attorney General's Division of Highway Traffic Safety funds 'Drive Sober or Get Pulled Over' campaigns. For the August 19 to September 7, 2026 campaign, it said drivers could expect increased patrols and sobriety checkpoints. NJ Office of the Attorney General / Division of Highway Traffic Safety press release (2026) |
| New Mexico | Legal and used. Under City of Las Cruces v. Betancourt (N.M. 1987), a DWI checkpoint (sobriety checkpoint or roadblock) is valid if it is reasonable and not left to officers' unfettered discretion. The New Mexico Supreme Court set eight guidelines for judging this, including: supervisors must plan the checkpoint and approve the site and procedures, officers must follow a uniform pattern for stopping vehicles, the location and timing must be safe and reasonable, the checkpoint's official nature must be apparent, and there should be advance publicity. City of Las Cruces v. Betancourt, 105 N.M. 655 (1987), as summarized in NM AOC DWI Handbook sec. 2.2.3 |
| New York | Legal and used. New York State Police and local agencies run sobriety checkpoints during enforcement campaigns funded by the Governor's Traffic Safety Committee. For example, the Governor's office announced that during the Halloween 2026 enforcement period, motorists could expect several sobriety checkpoints and additional DWI patrols. Office of the Governor press release, October 24, 2026 |
| North Carolina | Legal by statute. North Carolina law lets law enforcement agencies run 'checking stations' to check compliance with the motor vehicle laws. The agency must set the pattern for stopping vehicles in advance, operate under a written policy that gives no individual officer discretion over which vehicles are stopped, and have at least one law enforcement vehicle with its blue light on. Drivers stopped at a checking station may be asked to take an alcohol screening test if the officer determines they have been drinking. Agencies may run any type of checking station or roadblock that complies with the U.S. and North Carolina constitutions. N.C.G.S. 20-16.3A |
| North Dakota | Legal and used. The North Dakota Highway Patrol, often with county sheriffs, conducts announced sobriety checkpoints at predetermined locations, usually followed by saturation patrols, to deter impaired driving. For example, on September 5, 2025, the NDHP and the Cass County Sheriff's Office ran a checkpoint near Argusville. North Dakota Highway Patrol news release, September 18, 2025 |
| Ohio | Legal and used. The Ohio State Highway Patrol uses sobriety checkpoints throughout Ohio to reduce alcohol-related crashes and announces them publicly (for example, statewide OVI checkpoints in May 2026). The Patrol's guidelines include choosing sites with a long-term history of alcohol-related crashes or impaired driving, notifying the public, having clear objectives for each checkpoint, and emphasizing safety. Ohio State Highway Patrol, Sobriety Checkpoints |
| Oklahoma | Legal and used. The Oklahoma Highway Patrol's ENDUI enforcement team regularly coordinates multi-jurisdictional sobriety checkpoints and saturation patrols with local agencies. Locations are chosen using data from the Oklahoma Highway Safety Office and local requests. For example, a Cleveland County checkpoint was announced for May 22, 2026. Oklahoma Highway Safety Office newsroom, May 19, 2026 |
| Oregon | Not allowed. Oregon courts ruled in 1987 that police roadblocks set up to find DUII violations without individualized suspicion are an unreasonable search under the Oregon Constitution (Nelson v. Lane County; State v. Boyanovsky). Oregon's 2023 Impaired Driving Program Assessment confirms that sobriety checkpoints are not allowed under Oregon law and recommends a constitutional amendment to permit them. Or. Const. Art. I, sec. 9; Nelson v. Lane County, 304 Or 97 (1987); State v. Boyanovsky, 304 Or 131 (1987); ODOT, Oregon Impaired Driving Program Assessment (April 2023) |
| Pennsylvania | Legal and used. Pennsylvania law allows police engaged in a 'systematic program of checking vehicles or drivers' to stop vehicles. Pennsylvania State Police and local agencies run DUI checkpoints, often funded by PennDOT. For example, troopers announced DUI checkpoints and increased roving patrols in Mifflin and Juniata counties in May 2026 and described a checkpoint stop as brief and routine. 75 Pa.C.S. 6308(b); PennDOT/PSP news release (2026) |
| Rhode Island | Not allowed. In Pimental v. Department of Transportation (R.I. 1989), the Rhode Island Supreme Court held that article 1, section 6 of the Rhode Island Constitution prohibits drunk-driving roadblocks. The Court restated this holding in State v. Sinapi. Pimental v. Department of Transportation, 561 A.2d 1348 (R.I. 1989), as described in State v. Sinapi, Nos. 2019-388-C.A., 2019-415-C.A. (R.I.) |
| South Carolina | South Carolina law enforcement runs 'public safety checkpoints' aimed at keeping drunk and drugged drivers off the road. For example, the SC Department of Public Safety announced safety checkpoints in Spartanburg County and elsewhere on August 24, 2026, as part of the multi-state 'Hands Across the Border' event under the national Drive Sober or Get Pulled Over campaign. Separately, state law bars systematic checkpoints or roadblocks whose main purpose is to ticket seat belt violations. SCDPS media advisory (August 2026); S.C. Code 56-5-6525 |
| South Dakota | Legal and used. The South Dakota Highway Patrol conducts monthly sobriety checkpoints, funded by the South Dakota Office of Highway Safety and run with help from local law enforcement agencies, to discourage impaired driving. For example, it announced checkpoints in 17 counties for June 2026. South Dakota Department of Public Safety news release, May 27, 2026 |
| Tennessee | Legal and used. The Tennessee Highway Patrol publishes monthly 'Checkpoint Enforcement' schedules by district, listing the date, county, location and type of each checkpoint. Most are sobriety checkpoints, and some are driver-license checkpoints. For example, the September 2026 schedule lists sobriety checkpoints in Knox, Anderson, Hamilton and many other counties. Tennessee Department of Safety & Homeland Security, THP Checkpoint Enforcement schedule, September 2026 |
| Texas | Not used in Texas. In Holt v. State (1994), the Texas Court of Criminal Appeals ruled that checkpoints would be unconstitutional without authorization from the Texas Legislature, and legislative attempts to authorize sobriety checkpoints have failed (per a 2006 Texas Transportation Commission minute order). A 2014 NHTSA technical assessment prepared for Texas reported that sobriety checkpoints are not used anywhere in the state. Holt v. State (Tex. Crim. App. 1994), as described in Texas Transportation Commission Minute Order (Dec. 14, 2006); TxDOT Motorcycle Safety Program Technical Assessment (Feb. 2014) |
| Utah | Legal with a magistrate's approval. Utah's Administrative Traffic Checkpoint Act allows a checkpoint whose primary purpose includes detecting drivers under the influence of alcohol or drugs, but only with written authority from a magistrate. A command-level officer must submit a signed written plan covering the location, date and time, which vehicles will be stopped, staffing, signs and any advance public notice. The magistrate must independently find that the plan minimizes delay, intrusion, motorist anxiety and officer discretion, and maximizes safety. Utah Code 77-23-104 |
| Vermont | Legal and used. Vermont's State Highway Safety Office lists checkpoints among its impaired-driving countermeasures. It explains that checkpoints let police briefly stop vehicles at specific, highly visible locations (all drivers or a set portion) to see if the driver is impaired, and breath tests may be given if police suspect intoxication. Vermont State Highway Safety Office, Impaired Driving (Alcohol and Drugs) |
| Virginia | Legal and used. Virginia DMV reported that the August 19 to September 7, 2026 Drive Sober or Get Pulled Over campaign involved 111 Virginia law enforcement agencies conducting 665 saturation patrols and 58 sobriety checkpoints across the Commonwealth. Virginia DMV news release, August 18, 2026 |
| Washington | Not allowed. In City of Seattle v. Mesiani (1988), the Washington Supreme Court held that Seattle's DUI roadblock program violated article I, section 7 of the Washington Constitution. The state's Criminal Justice Training Commission summarizes the law as: sobriety checkpoints are not allowed, at least in the absence of express statutory authority. The Washington Traffic Safety Commission's 2023 report to the Legislature recommended that lawmakers consider authorizing publicized sobriety checkpoints. City of Seattle v. Mesiani, 110 Wn.2d 454 (1988); WA CJTC Law Enforcement Legal Update (July 2026); WTSC Report to the Legislature (2023) |
| West Virginia | Legal and used. West Virginia's Governor's Highway Safety Program reports that sobriety checkpoints, saturation patrols and directed patrols took place throughout federal fiscal year 2025. That year, 27 sobriety checkpoints (including 3 'phantom' checkpoints) were funded with federal highway safety funds. WV Governor's Highway Safety Program, Annual Report FFY2025 |
| Wyoming | Not used. Wyoming law authorizes temporary roadblocks only to catch people reasonably believed to be wanted for violating state, other-state or federal law. WYDOT's 2020 Strategic Plan to Reduce Impaired Driving lists 'take the necessary steps to allow the use of sobriety checkpoints' as an action item and notes they are 'currently illegal due to existing state statute.' W.S. 7-17-101 to 7-17-103; WYDOT Governor's Council on Impaired Driving, Strategic Plan (2020) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.