Q: I know some other states, as well as British Columbia, use DUI checkpoints to catch drunk drivers. I’ve never seen them in Washington. Why not?
A: The answer you’ll most often hear as to why Washington doesn’t use DUI checkpoints (also called sobriety checkpoints) is that they’re unconstitutional. And that’s almost true. However, that’s not the whole story. I should first clarify that when we talk about DUI checkpoints being unconstitutional, we’re referring to the Washington State constitution. The US constitution doesn’t prohibit DUI checkpoints, unless you’re in Texas, where they prohibit checkpoints based on their interpretation of the US constitution. Some states have laws authorizing the use of DUI checkpoints, while others have no explicit statutory authority either endorsing or prohibiting them. Thirty-seven states and the District of Columbia use DUI checkpoints.