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ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Roadblocks

And is it legal to design a roadblock to catch drunk drivers?

Yes, provided the selection of vehicles to be stopped is not arbitrary and the inconvenience to drivers is minimized. Courts have upheld such roadblocks as constitutional. In some states, the prosecution must show that a roadblock is the least intrusive way to enforce drunk-driving laws. Some states require that the ranking police officer who supervised a roadblock testify at the offender's trial.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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