R.I. Among States Prohibiting DUI Checkpoints

Surprise... Rhode Island is one of the WORST states for DUI laws.

To me, this is no surprise, because over the last 11 years since I relocated here, I have made note of so many repeat offenders that ended up killing someone.

Economics is something that is blamed on the increase in offenses.  Having had an alcoholic mother and many bad memories of driving, hitting and being left with PTSD, I have no tolerance for such behavior.

Obviously, our laws need to be strengthened. The police can only enforce what is on the books. 

However, I always questioned why Rhode Island police never do sobriety road checks. In reviewing the laws under the 4th Amendment it states:
           "The right of the people to be secure in their persons, houses,
           papers, and effects, against unreasonable searches and seizures,
           shall not be violated, and no Warrants shall issue, but upon
           probable cause, supported by Oath or affirmation, and particularly
           describing the place to be searched, and the persons or things to
           be seized."

It seems the Constitution protects people from being stopped without a search warrant or at least “probable cause” that they have committed a crime.

While the Supreme Court has made the DUI exemption to the Constitution, 12* states – yes, RI is one of them – have found that sobriety checkpoints violate their own state constitutions or have outlawed them. In these states, individuals have more protections against unreasonable search, and police sobriety roadblocks are prohibited.

Mothers Against Drunk Driving, which strongly promotes checkpoints, implies that sobriety roadblocks are legal throughout the United States without exception.

According to the group, “The U.S. Supreme Court on June 14, 1990 upheld the use of sobriety checkpoints to detect and deter impaired drivers. Previous appeals to the Supreme Court to review the constitutionality of such checkpoints had been declined, which allowed high state court rulings to stand. The June 14, 1990 ruling clearly upheld the constitutionality of such enforcement measures.”

Rhode Island’s “per se” law states it is illegal to drive with a blood alcohol content of .08 or higher. For this, you will be arrested. Note that this law does not consider your driving at all. You can also be charged if the officer has reason to believe you are or have been operating a vehicle while under the influence to a degree of impairment that it affects safety.

In order to pursue this method, the officer is likely to ask you to get out of the car and do some physical maneuvers known as field sobriety tests. It is your legal right to decline these tests, and there is no penalty for doing so.

However, Rhode Island is an “implied consent” state, which means that by accepting a driver’s license from the state, you agree to take a blood or breath test. Refusal to take this test will result in enhanced penalties regarding your driver’s license.

Who can you thank.... Your legislators! Rhode Island has the most lenient laws, according to this article. 

The National Highway Traffic Safety Association just released this study (PDF) reflecting a 5.3 percent projected increase in fatalities between 2011 and 2012.

For a description of the DUI penalties in Rhode Island, click here.

* In 12 states this practice is illegal. In 1990 the Supreme Court ruled that sobriety checkpoints are not unconstitutional, but the ruling is still considered to be very controversial. States where it is illegal to have a checkpoint: Rhode Island, Alaska, Idaho, Iowa, Michigan, Minnesota, Montana, Texas, Washington, Wisconsin and Wyoming.