If you see a driving under the influence (DUI) checkpoint ahead in Tacoma, you may be surprised to learn that random sobriety checkpoints are unconstitutional in Washington state. The Washington Supreme Court has ruled that suspicionless checkpoints violate the Washington State Constitution and the court also found the stops problematic under federal constitutional standards.
Are DUI Checkpoints Legal in Washington State?
No. Washington is one of the minority of states that prohibit random sobriety checkpoints. The Washington Supreme Court has held that these stops violate constitutional protections against unreasonable searches and seizures because they are not based on observed driver behavior.
That said, police can still pull you over at or near a checkpoint location if they observe a traffic violation or other suspicious activity. Swerving, failing to signal, speeding, or a broken taillight can all give an officer independent grounds for a stop. If that happens, the stop may be valid even if it occurs in the same location as an unconstitutional checkpoint.
What You Can Do If You See a Checkpoint
Because random checkpoints are illegal in Washington, you are free to turn around and avoid one, provided you do so safely and legally. If you make an illegal turn or commit a traffic violation while turning around, you may give the officer a legitimate basis to stop you anyway.
What to Do If You Are Pulled Over
If an officer does pull you over, remain calm and remember the following:
- You must provide your license, registration, and proof of insurance when asked
- You are not required to answer questions about where you have been or whether you have been drinking
- Anything you say can and will be used against you
Washington’s implied consent law means that if you are arrested for DUI, refusing a breath or blood test results in an automatic license suspension of at least one year for a first offense, independent of any criminal penalties.
Common mistakes people make during these stops include:
- Volunteering information about drinking without realizing they are not required to
- Agreeing to field sobriety tests, assuming that a refusal looks worse than a poor performance
- Making offhand comments that end up in the officer’s written report
How a DUI Arrest Can Still Be Challenged
Even if you were arrested following a stop near a checkpoint, that does not guarantee a conviction. A DUI defense attorney can examine whether the officer had a genuine, reasonable suspicion before pulling you over, whether proper procedures were followed, and whether breathalyzer equipment was properly maintained and calibrated, among other things.
According to the Washington Association of Sheriffs and Police Chiefs, thousands of DUI arrests were recorded across Washington state in 2024, illustrating how frequently drivers face these charges and how important it is to have an attorney who knows how to challenge them.
Discuss Defense Options After a DUI Arrest
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