DUI Sobriety Checkpoints in Rhode Island

DUI and sobriety checkpoints in Rhode Island are considered illegal under the Rhode Island State Constitution. According to the decision reached in Pimental v. Rhode Island, 561 A.2d 1348 (R.I. 1989), whereby the Warren Police department established a sobriety checkpoint in violation of the Rhode Island Constitution, the Plaintiff, on appeal, was exonerated of any wrongdoing for failure to submit to a chemical test.

The law in this case applies to the search and seizure clause, and state courts are given the ability to impose higher standards on searches and seizures than required under the Federal Constitution when applied in interpretation of the state level search and seizure laws.

Pimental v. RI was important because the State Supreme Court of Rhode Island not only upheld the State’s Constitution, but also upheld the Fourth Amendment rights of the Plaintiff under the US Constitution.

The court in this case held that to allow such roadblocks would “diminish the guarantees against unreasonable searches and seizures” detailed in our State Constitution, and that stopping hundreds of motorists, on the speculation that one or two might be found intoxicated, was an illogical and impermissible action. It is for this reason that sobriety checkpoints remain illegal in Rhode Island.

----------------------------------------------------------------------------------If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.