DUI Checkpoints in Hawaii

Can the police randomly stop motorists in the Aloha State?

Sobriety checkpoints are legal in Hawaii (see H.R.S. § §286-162.5, 286-162.6).

HRS Section 286-162.6 (Minimum standards for roadblock procedures) states:

(a) Every intoxication and drug control roadblock program shall:

(1) Require either that all motor vehicles, or mopeds, or both, approaching roadblocks be stopped, or that certain motor vehicles, or mopeds, or both, be stopped by selecting motor vehicles, or mopeds, or both, in a specified numerical sequence or pattern.

(2) Require that roadblocks be located at fixed locations for a maximum three-hour period.

(3) Provide for the following minimum safety precautions at every roadblock:

(A) Proper illumination;

(B) Off-road or otherwise safe and secure holding areas for motor vehicles, or mopeds, or both, involved in any roadblock stop;

(C) Uniformed police officers carrying proper identification;

(D) Adequate advance warning of the fact and purpose of the roadblocks, either by sign posts, flares, or other alternative methods; and

(E) Termination of roadblocks at the discretion of the police officer in charge where traffic congestion would otherwise result.

(4) Provide for a sufficient quantity and visibility of uniformed officers and official vehicles to assure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience.

These checkpoints (also referred to as "mobile checkpoints" or "roadblocks") are police traffic stops that are not tied to any specific or individual suspicions. The locations chosen for checkpoints are temporary and "random" (although you may be able to learn more about when or where these checkpoints will be instituted in Hawaii by checking roadblock.org or duiblock.com).

During a sobriety checkpoint, drivers are briefly detained and interviewed after which suspicious drivers are subject to sobriety tests. The goal of these checkpoints is to weed out inebriated drivers and therefore keep the roads safer. According to the Center for Disease Control and Prevention (CDC), sobriety checkpoints have the potential to prevent nearly 1 out of 10 DUI-related deaths.

Doesn't a police officer need to have probable cause before stopping someone?

Yes, the Constitution requires that a police officer have probable cause for a traffic stop. But the U.S. Supreme Court has ruled that the dangers from drunk driving outweigh the "degree of intrusion" of sobriety checkpoints and they are an exception to the search and seizure provisions of the U.S. Constitution. Subsequently the National Highway Safety Transportation Board has issued guidelines for police when administering a sobriety checkpoint. Perhaps the most important guideline is that the police must publicize the checkpoints ahead of time. Each state may also impose its own guidelines (or the states may outlaw checkpoints entirely, as 12 states have done).

Learn more about Hawaii’s DUI laws.

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