Portsmouth, NH Roadblocks: 545 detained; only 6 arrested

Jul 25, 2009 - by Richard Samdperil

If you have been following this blog, you will know that NH police argue that DWI roadblocks serve 2 purposes: to deter drunk drivers, and to catch drunk drivers.

However, it is difficult to conclude that recent roadblocks are serving either purpose.

Portsmouth NH DWI Roadblocks

On July 24, Portsmouth NH Police detained 545 vehicles. That's at least 545 drivers, plus all their passengers. Police made 6 arrests. Of the 6 arrests, only 4 were for driving while intoxicated. The other two were teenagers possessing marijuana.

It is time for courts to reexamine the purported reason for these roadblocks.

Are NH DWI Checkpoints Constitutional?

What makes checkpoints constitutional is that the public policy reasons supporting them (detering or arresting drunk drivers) outweighs the intrusion on personal privacy. 

Normally, police need a reason to stop a car and question its occupants. DWI checkpoints are a rare exception to that rule, and permit police to detain citizens without any specific information that the person stopped has violated the law.

It is a situation ripe for abuse that needs to be closely monitored by the supervising courts. 

Cause for Concern

Detaining over 500 drivers and their passengers in a 6 hour period is a cause for concern.

How many people were asked to perform field sobriety tests? How many people were asked to submit to breath tests, for which a refusal can result in a 6 month loss of license? How did 2 teenagers get arrested for non-alcohol-related charges – are police using these stops as an opportunity to search vehicles too? 

The fact that only 4 people out of 545 were arrested for DWI suggests that the intrusion into individual privacy is not justified.

Experienced NH DWI Lawyers

If you have been stopped and charged with a crime as a result of a DUI Checkpoint or DWI Roadblock in Portsmouth, NH, give us a call at (603) 658-X-DWI. 

As experienced NH DWI lawyers and creative litigators we may be able to help.