This How-to Guide can help you plan your impaired driving enforcement activities. It describes operational procedures that may help ensure that sobriety checkpoints are conducted legally, effectively and safely. These points are consistent with those specified in court decisions, including the U.S. Supreme Court ruling in Michigan v. Sitz that upholds the constitutionality of sobriety checkpoints.

Guidelines are provided below for effectively implementing either a full-scale sobriety checkpoint or a scaled-back sobriety checkpoint for agencies with limited resources. However, it is your responsibility to verify that these guidelines meet your state's requirements.

Full-Scale Sobriety Checkpoint Tips

The difference between full- and small-scale sobriety checkpoints is generally defined by staffing levels, human resources or personnel. A full-scale effort might use 10 to 12 officers or more.

Law enforcement agencies should assign a sworn, uniformed officer to supervise the planning of a sobriety checkpoint. This officer needs to be highly knowledgeable of your state's sobriety checkpoint rules and regulations, as he or she will be responsible for the overall operation and staffing of the activity.

Small-Scale Sobriety Checkpoint Tips

Sobriety checkpoints can be labor intensive, but some agencies may have too few personnel to staff a full-scale checkpoint. Small-scale checkpoints are operated under the same guidelines as larger-scale programs, while using only three to five officers, plus a cadre of volunteers.

For these smaller operations, duties should be delegated to all personnel assigned to staff the checkpoint. Uniformed officers must be present to conduct impaired driver evaluations, and to make arrests when necessary. Volunteers are needed to assist with any additional duties or needs that may arise. As with all sobriety checkpoints, the safety and convenience of motorists and law enforcement personnel are priorities.

A timeline appears in Section IV: Timelines to help you with your planning.

Enlist Prosecutorial and Judicial Support

  • The expertise of a prosecuting attorney (district attorney, attorney general, etc.) should be an integral part of the sobriety checkpoint planning process. Once enlisted, the prosecutor can advise you on legally acceptable procedures in planning and operating a sobriety checkpoint in your community.

  • A prosecutor can also help to identify legally mandated requirements and the types of evidential information that will be needed to prosecute cases that arise from checkpoint apprehensions.

  • The jurisdiction's presiding judge should be informed of the proposed checkpoints and procedures if the judiciary is to accept their use.

  • The judge can also provide insight on what steps are required to effectively adjudicate cases.

  • Review Existing Laws and Departmental Policy

  • Plan sobriety checkpoints far in advance to ensure that the checkpoint meets legal requirements.

  • An unregulated sobriety checkpoint can potentially be ruled unconstitutional or illegal in your state's courts.

  • Deviating from established, acceptable procedures has been used as evidence against law enforcement officials in court.

  • Operational Briefings

  • A sobriety checkpoint must be run smoothly to be effective. A sobriety checkpoint's success depends upon a collaborative, organized effort from everyone involved.

  • All law enforcement officials and sobriety checkpoint personnel should be well versed in all standard procedures and operations.

  • Brief all assigned staff and volunteers on the procedures, and make sure they are prepared for their roles at the checkpoints.

  • Contingency Planning

  • Prepare an alternative plan in the event of inclement weather, traffic congestion, etc.

  • Federal, state and local jurisdictions may require full documentation of any deviation from the predetermined plan.

  • Site Selection

  • Identify locations with a high incidence of impaired driving related crashes or fatalities.

  • When selecting a site for a sobriety checkpoint, the safety of the general public is the top priority.

  • Conduct the checkpoint with the least amount of inconvenience and intrusion to the motorist.

  • Consider the safety of your officers and volunteers when selecting a site. Visibility is an important factor.

  • Take into account the traffic volume, single-vehicle collision history and impaired driving arrest history of a particular stretch of road before choosing it as a site.

  • Choose several stretches of roadway as potential locations for sobriety checkpoints.

  • A sobriety checkpoint's effect on traffic flow should be measured before committing to a location. To determine a roadway's potential traffic build-up, estimate the time necessary to conduct a single motorist interview. Multiply the time by the number of available officers and divide by the average number of vehicles that can be expected at that location during the checkpoint.

  • If it is not practical to check every passing vehicle, the method used to determine which vehicles are stopped must appear in the administrative order authorizing the use of sobriety checkpoints, depending on your state's laws.

  • Select a site with ample shoulder space for detained motorists and vehicles, as well as room for potential traffic "back-up" and officers and volunteers

  • Sufficient Warning Devices

  • Make sure that the sobriety checkpoint is visible from a far distance so that motorists have time to stop safely. Electronic warning signs, law enforcement vehicles and flares can provide sufficient warning to motorists.

  • Programmable warning signs, flares, fuses, and safety cones or similar devices should be used in combination with marked patrol vehicles with warning lights flashing.

  • Plan sufficient roadway illumination and lighting necessary for officer and motorist safety. Portable lighting may be used if permanent lighting is not available.

  • Activate flashing warning lights on marked patrol vehicles parked near the checkpoint.

  • Be sure that traffic-warning devices comply with federal, state or local transportation codes.

  • Warning devices should comply with the Manual of Uniform Traffic Control Devices (MUTCD).

  • Visible Police Authority

  • The purpose of a sobriety checkpoint is not to frighten motorists, but to make them feel reassured and safe.

  • The presence of uniformed officers and marked vehicles is very important - they confirm the legitimacy of the activity and ease the intrusion on motorists.

  • Detection and Investigation Techniques

  • Without proper training, the sobriety checkpoint will not yield the desired result - a reduction in impaired driving.

  • Law enforcement officials assigned to sobriety checkpoints need to be properly trained in detection of impaired drivers.

  • Officers assigned to sobriety checkpoints should be fully trained in DWI Detection and the battery of Standardized Field Sobriety Tests (SFST). NHTSA has a SFST training course available for law enforcement officers. Please contact your state highway safety office or NHTSA regional office.

  • A Passive Alcohol Sensor may be used to detect the presence of alcohol in a suspected motorist. These devices use alcohol-specific fuel cells and air pumps to sample ambient air near the mouth of drivers who do not actively have to participate. When it records alcohol, the results are only approximate; that is, the device provides information on the presence but not the amount of alcohol.

  • Motorists suspected of impaired driving should be directed to move their vehicle from the lane of traffic to a pre-determined holding area. If the motorist appears impaired, a volunteer or an officer should move the vehicle.

  • Officers should ask non-incriminating, divided-attention questions (i.e., requesting drivers license and registration) and follow with the SFST battery of tests (including the Horizontal Gaze Nystagmus, the Walk-and-Turn test and the One-Leg Stand test).

  • Once the SFST is completed, a portable breath testing device should be administered (if allowed in your jurisdiction).

  • If the officer suspects the subject is impaired by substances other than alcohol (meaning that the suspect registers a low BAC but appears impaired), a Drug Recognition Expert (DRE) should be called in to assist.

  • If a DRE is not available, the officer should proceed with normal departmental procedures regarding drug-impaired drivers.

  • Chemical Testing Logistics

  • Because of the nature of the activity, authorities should make available evidential chemical testing or transportation to such facilities

  • Some form of chemical test must be included.

  • Public Information and Education

  • Invite the media to cover the checkpoint or a training session in preparation for it. For more information on working with the media, refer to Section III: Publicity and Promotion.

  • To effectively educate the public regarding sobriety checkpoints, law enforcement agencies need to promote them with confidence.

  • Sobriety checkpoints can also be an opportunity to educate the motoring public about impaired driving, speeding, child restraint and seat belt usage (if time and state laws allow it).

  • Because only a small percentage of the driving population is affected, most people will only know about sobriety checkpoints through word-of-mouth or media reports.

  • Pamphlets, flyers and other promotional materials may be distributed to passing vehicles. A camera-ready flyer is located in the back pocket of this Booklet. You can make as many copies as you need. Or you can enlist a local sponsor to reproduce copies for you. Offer to place the sponsor's logo on the flier in exchange for their donation.

  • Invite prosecutors and judges to a checkpoint.

  • Data Collection and Evaluation

  • Public reaction to sobriety checkpoints should be measured thoroughly.

  • Drivers and riders passing through the checkpoint should be given the opportunity to evaluate it via a brief questionnaire, which can be handed out to motorists and mailed back to the law enforcement agency.

  • As with sobriety checkpoints, effective saturation patrols require careful planning. For enforcement agencies conducting their first saturation patrol, it is recommended to begin with a small-scale enforcement project. Eventually, larger enforcement projects can be explored as experience is gained. But whether the saturation patrol is large-scale or narrowly focused, there is one important key for success: the solicitation of ideas from participating coordinators. By sharing ideas, suggestions and solutions, program participants can sustain a high level of motivation and assist in streamlining the overall operation of the saturation patrol.

    Consider these areas when planning a saturation patrol:

    Enlist Prosecutors/Judges

  • Notify local prosecuting attorney(s) regarding plans to conduct a saturation patrol.

  • Alert area courts, juvenile, and jail authorities about your plans so that additional staff can be assigned, if necessary.

  • Invite these offices to help plan the saturation patrols.

  • Ask these offices for ideas to streamline the arrest and booking procedures for individuals detained as a result of the patrol.

  • Jurisdiction Review and Mutual Aid

  • Consider jurisdiction issues and boundaries for saturation patrols involving multiple law enforcement agencies. Provide court boundary maps to each participating officer.

  • Specify geographic area for saturation patrol. Saturation patrols cover a broader area than checkpoints.

  • Consult Mutual Aid Agreements drafted to support these activities.

  • Operational Considerations

  • Establish a command post to coordinate operations and process suspects.

  • Possible command posts include police facilities, churches or public buildings. Mobile Processing Units can be used to house operations.

  • Saturation patrols are perfectly legal if held under rules governing regular patrols but they focus on impaired driving.

  • Warning devices are not required for saturation patrols.

  • Construct a testing or detention facility to hold and process impaired driving suspects. The detention facility should be highly visible to media, easily accessible for processing suspects and large enough to stock necessary supplies.

  • If needed, enlist the aid of volunteers to facilitate operations such as hospitality or administrative matters.

  • Brief all participating personnel regarding proper procedures at the beginning of every saturation patrol.

  • If available, incorporate the assistance of Reserve or Auxiliary Officers to assist with saturation patrols.

  • Consult State Departments of Alcohol Beverage Control

  • Consult your state's department of Alcohol Beverage Control (ABC) for insight about locations prone to high alcohol consumption and impaired driving incidents.

  • ABC may also provide information on underage impaired driving enforcement.

  • Appoint a Public Information Officer

  • A knowledgeable Public Information Officer should be appointed to work with the media.

  • Determine which materials should be distributed to the public and to violators.

  • The overall effectiveness of a saturation patrol is greatly enhanced by increased publicity. A saturation patrol's success is largely determined by the number of drivers who are deterred from getting behind the wheel after drinking or taking drugs.

  • The Public Information Officer may employ the assistance of volunteers for distribution of media materials.

  • Actively publicize the saturation patrol. Publicity tips are located in Section III.

  • Funding

  • The majority of costs incurred from planning and conducting a saturation patrol should not extend beyond normal salary and benefits associated with daily law enforcement operations.

  • Large jurisdictions may plan and operate saturation patrols independently; however, smaller agencies and jurisdictions can partner with other local or state law enforcement agencies to conduct a multi-jurisdictional saturation patrol.

  • Other funding options may be explored as the saturation patrol program develops, such as the State Highway Safety Offices, foundations, other traffic safety groups and the private sector.

  • Training

  • Verify that participating officers are skilled in visual detection cues for impaired drivers and motorcycle riders.

  • Officers assigned to the patrol should fully understand SFST and be trained in D.U.I. detection.

  • Officers serving as DREs should be present during saturation patrols. Information regarding SFST and the Drug Evaluation and Classification Program is available through State Highway Safety Offices, NHTSA Regional Offices and the IACP.

  • Reinforce to law enforcement the fact that impaired driving is a violent crime that kills, and that communities want saturation patrols because they make citizens feel safer.

  • Remember that it costs more to prosecute a repeat offender than to prosecute a murderer.

  • Crime Lab Technicians

  • Notify employees involved with chemical testing procedures of a potential increase in breath testing and instrument calibrations.

  • Alert lab personnel regarding a potential increase in blood and urine samples submitted for alcohol and drug analysis.

  • Support Resources

  • Display reflective placards identifying the enforcement project. Placards can be placed on the sides of patrol vehicles and processing centers.

  • Placards increase the public perception of the risks associated with driving while impaired.

  • Warrant Service

  • Assign officers to the enforcement and execution of outstanding warrants for alcohol- and drug-related offenses.

    Consider Youth Enforcement

  • Youth are involved in alcohol-related crashes at a much higher rate than drivers over 21. Law enforcement officials should target underage impaired drivers on nights when the majority of these crashes occur.

  • Seat Belt Enforcement

  • Seat belt usage generally increases when enforced as part of saturation patrol activities.

  • Use this strategy to help generate media interest in saturation patrols and public safety activities.

  • Departmental Reports and Documentation

  • Ensure that proper paperwork is correctly routed to the assigned prosecuting attorney and court.

  • Evaluation

  • Conduct a debriefing at the conclusion of each saturation patrol operation. The debriefing should include all personnel involved in the operation, such as patrol officers, supervisors, administrative personnel, media relations representatives, communications officers, jail staff and transportation officers.

  • Collect data regarding the number of agencies involved, number of patrol cars, and the number of arrests made and the type of arrests.

  • Review enforcement and prosecution statistics, media and public responses, and a critique of entire operation.

  • Evaluate planning phases, site selection and securing of the command post for overall effectiveness. Solicit ideas and suggestions from all operation personnel.

  • Prepare a final report following the debriefing. Summarize all recommendations for improvement of future operations.

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