Dui Checkpoint Laws ?

[darik2]

Im needing to know the exact and correct laws that police must follow when conducting a dui checkpoint. I live in Kansas if that matters. I tried looking online but im not sure where to look. Help would be appreciated. And they need to be laws,not opinions. I believe my rights were violated as I dont think they followed procedure. Thanks. Oh and no I wasnt driving drunk,im 6 months pregnant.

[menw]

Here's a link to all the Kansas state DUI laws (among others):

http://www.ghsa.org/html/stateinfo/bystate/ks.html

DUI checkpoints are legal and upheld as constitutional in the state of Kansas:

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

And here's some more detail:

http://www.ksdot.org/burtrafficsaf/lel/IDDP.asp

[ricki]

You would need to look and see what the Supreme Court of Kansas has said about such laws and checkpoints. I am willing to bet that they have answered your question already. In many states, these are viewed as legal and constitutional but other states see it differently. My state supreme court struck down the checkpoint system as a violation of the state constitution's protection against unreasonable searches. Basically the argument was that pulling over 100 random people to find 5 drunks violates the rights of the other 95. Law enforcement in my state needs probable cause to pull you over to check for dui.