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

DUI checkpoints are illegal in Washington. Unlike some states, Washington does not allow police to stop drivers at sobriety checkpoints without individualized suspicion of wrongdoing.

That does not mean officers cannot stop drivers to investigate impaired driving. Police throughout Tacoma and Pierce County conduct DUI emphasis patrols, and an officer can pull you over when there is a lawful basis for the stop.

The difference matters. If police stop you without proper justification, the circumstances may affect whether prosecutors can use the evidence they collect.

Are DUI Checkpoints Legal in Washington?

No. Under current Washington law, police cannot operate sobriety checkpoints that stop motorists without individualized suspicion simply to look for impaired drivers.

In City of Seattle v. Mesiani (1988), the Washington Supreme Court examined a Seattle Police Department checkpoint program that operated during the 1983–1984 holiday season.

Officers stopped approaching motorists without warrants or individualized suspicion. They asked drivers for their licenses while watching for signs of intoxication.

The court ruled that the program violated Article I, Section 7 of the Washington Constitution, which protects people from government intrusions into their private affairs without authority of law.

The court recognized the serious dangers of impaired driving but rejected the city’s argument that public safety justified these suspicionless stops.

Because the court based its ruling on Washington’s constitution, the decision applies throughout the state, including Tacoma, Lakewood, Puyallup, and the rest of Pierce County.

How Do Police Enforce DUI Laws Without Checkpoints?

Police do not need sobriety checkpoints to investigate suspected impaired driving.

Instead, officers often use DUI emphasis patrols, also called saturation patrols. These operations place additional officers in areas where impaired driving or serious traffic collisions are a concern.

In March 2026, the Tacoma Police Department announced increased DUI patrols funded by a Washington Traffic Safety Commission grant. The department reported that officers would focus on alcohol and drug impairment, particularly during evenings, weekends, and other high-risk periods.

Unlike a sobriety checkpoint, an emphasis patrol does not give officers permission to stop every passing vehicle.

Police still need a lawful basis for each stop. An officer might observe speeding, a traffic signal violation, or driving behavior that creates reasonable suspicion of impairment.

Officers may also investigate suspected DUI when responding to accidents or conducting other lawful police activities.

A concentrated police presence does not necessarily indicate an illegal checkpoint. The important question is why officers stopped a particular vehicle.

Can Police Stop Drivers at Other Types of Roadblocks?

Not every roadblock is a DUI checkpoint.

Police may direct vehicles around traffic accidents, emergencies, construction, or dangerous road conditions. Those situations serve different purposes and involve different legal considerations.

However, calling something a safety inspection does not automatically make a suspicionless stop constitutional.

In State v. Marchand (1985), Washington State Patrol officers established a roadside inspection point to check driver’s licenses, vehicle registrations, and equipment.

The officers stopped vehicles without individualized suspicion. During one inspection, an officer discovered evidence that led to criminal charges.

The Washington Supreme Court ruled that the inspection procedure violated the Fourth Amendment because the governing statute and police procedures failed to place sufficient limits on officers’ discretion.

The decision did not prohibit every possible traffic-control operation. It established important limits on using routine vehicle inspections to justify suspicionless stops.

If officers stop drivers at a roadblock, the purpose of the operation, the authority behind it, and the procedures officers follow can all affect whether the stop is lawful.

What Should You Do if Police Stop You at an Apparent DUI Checkpoint?

If police direct you to stop, do not attempt to drive through a barrier or ignore an officer’s traffic-control instructions.

Under RCW 46.61.020, Washington drivers must stop when a police officer signals them to do so and provide certain identifying and vehicle information when requested.

You generally must provide your driver’s license, vehicle registration, and proof of insurance. However, you generally do not have to answer investigative questions about whether you consumed alcohol or marijuana.

You may ask the officer why you were stopped and whether you are free to leave. If the officer continues to detain you, avoid arguing or physically resisting.

If you believe police stopped you unlawfully, remember the location, what officers said, and how they selected vehicles. An attorney can investigate those circumstances afterward.

The fact that Washington prohibits DUI checkpoints does not mean every stop near a police operation is unlawful. An officer may have observed a separate violation that justified stopping your vehicle.

Do You Have to Take DUI Tests During a Traffic Stop?

Washington distinguishes between voluntary roadside tests and evidentiary testing after a DUI arrest.

During a roadside investigation, officers may ask you to perform field sobriety tests, such as walking heel-to-toe or standing on one leg.

You generally can decline those exercises without triggering an automatic license revocation. However, in State v. Mecham (2016), the Washington Supreme Court held that prosecutors could introduce evidence of a driver’s refusal to perform field sobriety tests.

A portable roadside breath test is also voluntary under WAC 448-15-020. Refusing that preliminary test does not trigger Washington’s implied consent license revocation.

Different rules apply after an arrest.

Under RCW 46.20.308, refusing an evidentiary breath test after a lawful DUI arrest can result in significant license penalties, and prosecutors may use the refusal as evidence in a criminal case.

Blood testing follows separate rules. Police may obtain a blood sample through a valid search warrant or another legally recognized basis, even without the driver’s consent.

Our guide to refusing DUI testing or a breathalyzer in Washington explains these differences and the consequences of refusing each type of test.

Can You Challenge a DUI Arrest After an Unlawful Traffic Stop?

Yes. If police lacked a lawful basis to stop your vehicle, your attorney may ask the court to exclude evidence officers obtained as a result.

The issue can become more complicated when police claim they stopped a driver for a minor traffic violation but actually wanted to investigate something else.

In State v. Ladson (1999), the Washington Supreme Court held that pretextual traffic stops violate the state constitution.

However, a traffic stop does not automatically become unlawful because an officer suspects another crime. In State v. Arreola (2012), the court recognized that officers may have multiple reasons for a stop, provided the investigation of a suspected violation is an actual, independent reason for stopping the vehicle.

An attorney may examine the officer’s stated reason for the stop, available recordings, police reports, and other circumstances to determine whether the stop met those requirements.

If the court finds that police violated your constitutional rights, it may exclude evidence obtained through the unlawful stop. Depending on the case, this could include officer observations, field sobriety test evidence, or subsequent chemical testing.

However, suppression does not automatically guarantee dismissal. The court must consider the circumstances and applicable rules before deciding what evidence prosecutors may use.

Washington also handles administrative driver’s license suspensions through a separate Department of Licensing proceeding. That hearing addresses specific statutory issues and does not replace a constitutional challenge in criminal court.

If you receive notice of a proposed DUI-related license suspension or revocation, you generally have seven days after receiving notice to request a DOL hearing.

Our guide to Washington DUI hearings explains that process and the issues you can challenge.

Speak With a Tacoma DUI Defense Attorney

Police must follow constitutional requirements when investigating suspected impaired driving. If officers stopped your vehicle without a lawful basis, their actions may provide grounds to challenge the prosecution’s evidence.

At the Law Offices of Smith & White, we examine traffic stops, police reports, recordings, and testing procedures to identify potential defenses. Our Tacoma DUI defense attorneys represent clients throughout Tacoma and Pierce County.

The first consultation is free. We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.