Sobriety checkpoints and granting rule-making authority

The bill requires the DOT rules to ensure that drivers are stopped in a neutral, nondiscretionary manner and that the initial stops are conducted in a way that minimizes the disruption of traffic flow and minimizes the amount of time the driver is stopped. The rules must also ensure that the sobriety checkpoint is located at least two miles from any bar or restaurant that serves alcohol, has fixed beginning and ending times, and is publicized before it is conducted. The rules must ensure that, at the sobriety checkpoint, approaching drivers are given adequate warning that a sobriety checkpoint is underway, and that officers clearly identify themselves and explain the purpose of the sobriety checkpoint to each driver they stop. Finally, the rules must establish criteria for determining which drivers may be detained beyond the initial stop to undergo testing for intoxication.

The bill requires each county that operates a sobriety checkpoint to submit a report to the legislature, the state patrol, and the governor that details the costs and results of the sobriety checkpoints. Under the bill, DOT must to seek federal funding to pay for the sobriety checkpoint pilot.