Rules for Sobriety Checkpoints and Roadblocks in Virginia

The use of roadblocks and DUI checkpoints by police and state troopers is a relatively common practice in the Commonwealth of Virginia. The main purpose of these checkpoints is to increase highway safety by catching drivers that may be under the influence of drugs or alcohol. As you may know, Virginia police officers cannot stop every vehicle to search for individuals who may be breaking the law. This would violate your state and federal constitutional rights. The police must either have a reasonable suspicion that you have committed a crime or they may stop you in conjunction with a lawful sobriety checkpoint.

In order for a checkpoint to be considered lawful, the police must follow certain rules that have been issued through state and federal case law. If the police fail to follow the rules, any evidence that they collect during an unlawful roadblock may be suppressed in court. This could lead to a case getting thrown out or dismissed.

There are two main issues that you should be aware of if you happen to come upon a sobriety checkpoint. First, the time and location of the checkpoint must be announced to the public. Typically, checkpoints are reported in local newspapers, on the radio, on local government websites and on the local news. Second, and most importantly, the police officers performing the stop must use a statistical formula for selecting vehicles for a stop.  For example, they may choose to stop every third car that passes through the checkpoint. However, they may never use their own discretion when making this selection unless they have an alternative reason for stopping you, such as erratic driving.

If you are stopped at a roadblock or sobriety checkpoint in the Virginia Beach or Norfolk area that you believe does not comply with these requirements, you should contact an experienced local attorney immediately to determine whether your rights have been violated.