The Register-Herald, Beckley, West Virginia

Local News

October 15, 2009

Police: DUI checkpoints must be announced

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

The West Virginia State Police sets up DUI checkpoints four to five times a year to help deter DUI, Sgt. J.R. Pauley said.

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

Drivers are also asked if they have consumed any alcohol.

Troopers also watch for signs such as slurred speech and the odor of alcohol.

Most checkpoints are in operation for six hours, and most result in DUI arrests and other citations.

“Actually, we usually catch a few. It’s not a large number by any means,” Pauley said.

“Sometimes we come up dry and sometimes we get as many as three.”

Troopers may also issue multiple citations such as driving with a suspended license or driving while revoked.

In at least once instance, the checkpoint netted a fugitive from justice, Pauley said.

However, State Police cannot set up DUI checkpoints unannounced.

State law requires law enforcement agencies to advertise when and where they plan to conduct such an operation.

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.”





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