“Hands Across the Border” and the DUI Checkpoint
Tennessee took steps last month to pass the DUI Recidivism Act, which allows judges to assign mandatory drug and alcohol counseling and treatment for repeat offenders. But the newest campaign, “Hands Across the Border” (or “Hands Across Borders,” depending on who you ask) shows us a crackdown on DUIs that seems more in style with our draconian DUI laws.
This is the 23rd annual “Hands Across the Border” campaign, and it involves six states:
- Alabama
- Florida
- Georgia
- North Carolina
- South Carolina
- Tennessee
Police from all six states set up checkpoints near the borders. At these checkpoints, cops will be looking for people driving under the influence of alcohol or drugs, are violating seatbelt laws and are driving distractedly, but they’ll also be searching for drivers who have outstanding warrants, are driving without a license, or who are fugitives in some way.
Know your rights in regards to checkpoints
While the effort to keep drunk drivers off the road is commendable, the DUI checkpoint is a source of contention. Under “normal” circumstances, an officer can ONLY pull you over if he/she suspects that you’re driving under the influence. At a sobriety checkpoint, however, cars are funneled down the road and forced to comply – they can pull you over regardless of whether or not they suspect you, because that’s what a checkpoint is for. Technically, this is a violation of your 4th amendment rights, because there may not be any reason for the search of your car.
Furthermore, an officer cannot force you to go through a checkpoint. You are allowed to turn around and leave the lane if you wish; making a U-turn is not enough evidence that you’re purposely avoiding a checkpoint. However, if you break another traffic law while you’re making the U-turn – like crossing a double line, or turning around where a road sign says you cannot – now the police have probable cause to stop you.
Understand that we’re not advocating that you break the law, and we’re certainly not suggesting that driving while intoxicated is okay – we believe, however, that you deserve to know your rights as a driver. Tennessee law enforcement officials will be given free rein in these tactics until after Labor Day; stay sober and drive safely, and you’ll be okay.