In 1990, the United States Supreme Court upheld sobriety (DUI) checkpoints as constitutional. Despite this, 12 states (including Wisconsin) banned DUI checkpoints because of concerns they violate the 4th Amendment’s protection against search without probable cause.
Just because local legislators have not allowed DUI checkpoints in Wisconsin yet doesn’t mean they’ll never happen.
While establishing specific DUI checkpoints in Wisconsin is illegal, many counties and municipalities put massive resources into stepping up patrols at times first offense drunk drivers are most likely to be on the road. For example, the Milwaukee County Sheriff’s Office has conducted “Operation Drive Sober” since January 2010. Sheriff’s deputies scour the county freeway system every Friday afternoon through Sunday morning looking for signs of driver impairment, including erratic or unusual driving behavior.
Since the program started, deputies have arrested more than 1,200 repeat DUI offenders on Milwaukee highways. Learn more about Wisconsin OWI penalities.
If you think your rights were violated during a traffic stop, contact Grieve Law.
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