Drunk Driving DUI Law

Advertising the fact that troopers will be setting up checkpoints to stop drunk drivers may sound counter productive, but it’s the law.

“The way we work them is that we stop every vehicle that comes through and talk to each driver,” said West Virginia Sgt. J.R. Pauley. “Normally, we just ask them for their driver’s license, registration and proof of insurance.”

Police cannot set up DUI checkpoints unannounced.

Mercer County Prosecuting Attorney Timm Boggess said the public must be given prior notice that DUI checkpoints will be set up. It is required by state law.

“The law does require that before you can have a checkpoint it must be published,” Boggess said.

Failing to give public notice could create problems for any arrests made at the checkpoints.

“It could give the defense the argument that perhaps it was an illegal stop or a stop without probable cause,” Boggess said. “We’re just following the law as the law’s been written.”

Considering the serious unconstitutionality of  these checkpoints, publishing them is the least authorities can do.

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