Do You Have to Submit to DUI Checkpoints in Pierce County, Washington?

Drivers in Tacoma, Lakewood, Puyallup, and across Pierce County often ask: Do I have to stop at a DUI checkpoint? Could refusing to comply make things worse?

The answer is straightforward but surprising to many. Unlike some other states, Washington law currently prohibits sobriety checkpoints. Below, our Pierce County DUI defense attorneys explain what this means for drivers, what police can and cannot do, and how DUI enforcement still happens locally.

For help with your case from our Tacoma, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Are DUI Checkpoints Legal in Washington?

No. DUI checkpoints are not legal anywhere in Washington, including Pierce County.

In the landmark case Seattle v. Mesiani (1988), the Washington Supreme Court struck down sobriety checkpoints as unconstitutional. The court held that random roadblocks violated Article I, Section 7 of the Washington Constitution, which provides strong protections against warrantless searches and seizures.

This means that if you see signs or hear rumors of a “checkpoint” in Tacoma or Pierce County, it is not an official sobriety roadblock. Law enforcement cannot stop drivers at random without individualized suspicion.

How Do Police Enforce DUI Laws Without Checkpoints?

Even though sobriety checkpoints are banned, police in Pierce County still actively enforce DUI laws. Officers rely on other methods, such as:

DUI emphasis patrols: Police assign extra units during weekends, holidays, or after major sporting events to look for impaired drivers.
Traffic stops based on observed behavior: Swerving, drifting across lanes, speeding, or running stop signs may provide reasonable suspicion to pull a driver over.
Accident response: When police respond to a crash, they may check drivers involved for signs of impairment.

If officers develop probable cause after a lawful stop, they can arrest the driver and request chemical testing under Washington’s implied consent law.

What If You Are Stopped at a “Checkpoint” in Pierce County?

Occasionally, drivers report seeing what appears to be a DUI roadblock. Sometimes, these are actually:

Traffic safety checks (such as seat belt or license checks), or
DUI emphasis patrol staging areas, where multiple officers are stopping cars for observed violations near the same intersection.

If you are pulled over in Pierce County, the officer must have a lawful reason, such as a traffic violation or suspicious driving behavior. A purely random stop would likely be unconstitutional and subject to legal challenge.

Do You Have to Submit to Field Sobriety or Breath Tests?

Whether you must submit depends on the type of test and the circumstances:

Field sobriety tests (FSTs, balance or coordination exercises at the roadside) are generally voluntary in Washington. You may politely decline without automatic license suspension. Though you refusal may be admitted as evidence of “guilty.” It’s best to request to speak with the on-call public defender if FSTs are requested.
Portable roadside breath tests (PBTs) are also voluntary. Their results are not normally admissible in court to prove guilt because the devices are not considered reliable enough for trial. Officers may use them only to help establish probable cause for an arrest.
Post-arrest breath or blood tests, conducted on official machines such as the Draeger Alcotest 9510, are mandatory under Washington’s implied consent law. Refusing them carries automatic license revocation and other penalties.

Example of a DUI Stop in Tacoma

Here’s a fictional but realistic example:

Marcus is driving home through downtown Tacoma after a Mariners game. At a busy intersection, he notices several police cars and cones. Officers appear to be stopping vehicles at random.

Marcus is pulled over. The officer says they are conducting a “DUI checkpoint.” Marcus smells of alcohol from the beer he had earlier, and the officer asks him to perform field sobriety tests.

Under Washington law:

The checkpoint itself is unconstitutional, since DUI roadblocks are banned.
Marcus does not have to submit to field sobriety tests or a roadside PBT.
If the officer develops probable cause and arrests him, Marcus will be asked to take a post-arrest breath test. Refusing it could trigger a one-year license revocation.
If Marcus requests a DOL Hearing and hires a Smith & White attorney, the attorney will successfully argue that Marcus was unlawfully seized and his license will not be suspended.
Similarly, they will argue the same for his criminal case and have the matter dismissed.

This example shows why it is critical to understand your rights at every stage of a DUI stop in Pierce County and to immediately hire Smith & White, PLLC.

Frequently Asked Questions About DUI Checkpoints in Pierce County

Are DUI checkpoints ever allowed in Tacoma or Pierce County?
No. The Washington Supreme Court has banned them statewide. Only legislative action or a change in constitutional interpretation could alter this.

Why do people still report checkpoints?
Many confuse emphasis patrols or roadside safety checks with DUI checkpoints. Others may see multiple officers in one area and assume it is a roadblock.

Could the law change in the future?
Yes. The Washington Traffic Safety Commission has discussed the possibility of reintroducing checkpoints as part of impaired driving reduction strategies. But as of today, no such law has been passed.

What if I refuse all tests during a stop?
You can legally refuse field sobriety and portable breath tests before arrest. However, after arrest, refusal of an official breath or blood test carries harsh penalties, including license revocation and the use of your refusal as evidence in court. Also, the officer will likely get a warrant and get a blood sample without your consent.

What to Do If You Are Stopped in Pierce County

Stay calm and polite.
Ask if you are free to go.
Remember that DUI checkpoints are not legal in Washington.
Know that field sobriety tests and roadside PBTs are voluntary.
If arrested, listen carefully to the implied consent warnings before deciding about a breath test.
Contact a Tacoma DUI defense lawyer immediately to protect your license and your rights.

Bottom Line: Do You Have to Submit to DUI Checkpoints in Pierce County?

No. DUI checkpoints are unconstitutional in Washington and cannot be enforced in Pierce County. That said, officers can and do conduct traffic stops and DUI emphasis patrols. If you are pulled over, your obligations depend on whether you are being asked for voluntary roadside tests or mandatory post-arrest testing.

If you face DUI charges after a questionable stop in Tacoma, Lakewood, or anywhere in Pierce County, legal representation is critical. A skilled defense attorney can evaluate whether the stop was lawful, challenge improper evidence, and fight for the best outcome in your case.

For help with your case from our Univeristy Place, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.