According to the Governors Highway Safety Association (GHSA), there is not an official list detailing the locations of sobriety checkpoints. However, many precincts opt to publicize checkpoint locations and times to act as a deterrent, based on a study conducted by the U.S. National Institutes of Health.
The GHSA says 38 states, the District of Columbia, the Virgin Islands and the Northern Mariana Islands employ the use of sobriety checkpoints. State law and/or state supreme courts’ lay out the legality of checkpoints and to what frequency they can occur. Some states, like Alabama and Massachusetts, remain vague on their frequency by simply stating, “throughout the year.” Delaware, on the other hand, has monthly sobriety checkpoints from January to June but increases to a weekly basis from July to December. New Hampshire allows checkpoints but restricts their use to be contingent on judicial approval.
Twelve states do not allow sobriety checkpoints. These states either bar their use under state law or based on the decisions of the state courts. States such as Michigan and Minnesota explicitly prohibit checkpoints in their state constitutions. According to Justia Law, Texas prohibits checkpoints based on its state supreme court’s interpretation of the search and seizure clause of the fourth amendment of the U.S. Constitution.