What do you think about Utah Field Sobriety Checkpoints?

I saw this site on the internet that asked the question, "What do you think about DUI Check Points?"  The comments were interesting and people were pretty evenly split among for and against. The interesting response that was common among these people was "I don’t mind going through a checkpoint if it will just get one drunk driver off the road."  That sounds good right.  Here is the problem:  Tell that same thing to my client where the UHP put him through the drill.  He was put through field sobriety tests, his car was searched and impounded, he was arrested and placed in jail, he had to bail himself out, and had to hire an attorney.  A trooper drew his blood.  The troopers were on video saying "I don’t know should I arrest him or not, its close."  They then said "well arrest him, if the blood comes back clean, no harm done."  Right!  No harm done.  After the troopers made all these claims of failed field tests and clues of impairment, no substance was found in his drug–no drugs, no alcohol.  

    What I hear these people saying is "burn down the whole barn to kill one rat."  "Stop and detain as many people as you want to get one person."  I hear them saying, "here are my rights, you can have them."

     This is very dangerous thinking. I saw a quote the other day that my good friend Stephen Hamilton puts at the bottom of his emails that says something like "Protecting the Lord’s children who have fallen short of perfection from the wrath of those who believe they have attained it — Stu Kinard."

3 responses to “What do you think about Utah Field Sobriety Checkpoints?”

  1. A DUI Lawyer’s Perspective on Sobriety Checkpoints

    Glen Neely, a DUI lawyer in Ogden, Utah, has an interesting perspective on field sobriety checkpoints. Glen has more than 10 years experience practicing DUI law, but his current thoughts were spurred on by a user discussion on DUI checkpoints…


  2. It’s so sad that Americans are willing to take for granted or forgo their rights under the 4th amendment. The countless who have died and will die defending these rights will have served in vein of we do not return the favor by excersizing these rights.


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