--- title: "Rhode Island DUI Checkpoint Lawyer" description: "A Rhode Island DUI checkpoint arrest is one of the more defensible drunk driving cases out there. Sobriety checkpoints in Rhode Island have to follow strict constitutional rules. If the state police..." url: https://riduiguy.com/ri-dui-checkpoint-lawyer/ date: 2026-05-23 modified: 2026-07-12 author: "The RI DUI Guy" image: https://riduiguy.com/wp-content/uploads/2026/06/ri-dui-checkpoint-lawyer.jpg type: page lang: en --- # Rhode Island DUI Checkpoint Lawyer A **Rhode Island DUI checkpoint** arrest is one of the more defensible drunk driving cases out there. Sobriety checkpoints in Rhode Island have to follow strict constitutional rules. If the state police or local department running the checkpoint cut a corner on how it was set up, advertised, or operated, your case may be vulnerable to a motion to suppress. That is the entry point for a lot of checkpoint dismissals. **Quick answer:** DUI checkpoints are legal in Rhode Island, but under the Rhode Island Supreme Court decision in State v. Bjerke every checkpoint must be pre-approved by a supervisor, use a neutral stopping formula, be advertised to the public in advance, use visible warning signs, keep each stop brief, and follow a written operational plan. If any of those elements is missing, the evidence from the stop can be thrown out on a motion to suppress. At the checkpoint you must stop and provide your license, registration, and insurance, but field sobriety tests and the roadside preliminary breath test are voluntary. Refusing the post-arrest breath test triggers a separate case at the Traffic Tribunal under Rhode Island General Laws section 31-27-2.1. Call 401-573-2265 for a free consultation. This page explains how Rhode Island DUI checkpoints work, what officers are allowed to do, what they are not allowed to do, and where these cases get won. Call 401-573-2265 for a free consultation if you were stopped at a checkpoint. ## How Rhode Island DUI checkpoints are run Rhode Island law allows sobriety checkpoints under specific guidelines that come from the Rhode Island Supreme Court decision in State v. Bjerke. Every legitimate checkpoint in Rhode Island has to meet these requirements: - The checkpoint location and time are pre-approved by a supervisor, not chosen on the fly - A neutral stopping formula is used (every car, every third car, etc.) so officers cannot single out drivers - The checkpoint is advertised to the public in advance through press releases or social media - Signs are visible warning drivers a checkpoint is ahead and offering them a chance to turn off - The stop is brief, with each driver detained only long enough for the officer to check for impairment - Officers have a written operational plan they are following If any of those elements is missing, the checkpoint may be unconstitutional and the evidence from it can be thrown out. ## Defenses against a Rhode Island DUI checkpoint case The most common defense in a Rhode Island checkpoint case is the motion to suppress evidence based on a defective checkpoint setup. The lawyer requests the operational plan, the supervisor approvals, the press release proving advance notice, and the officer testimony about how cars were stopped. If any of those documents is missing or any officer testimony contradicts the plan, the entire stop can be invalidated. Other defenses include: **Inadequate advance notice.** If the checkpoint was not announced to the public, the surprise element makes the stop more like a general warrantless detention. **Discretionary stops.** If officers waved through some drivers and pulled others without a neutral formula, the stop is invalid. **Excessive detention.** If you were held longer than the brief checkpoint window without specific articulable suspicion of impairment, the extended detention can be challenged. **Improper field sobriety testing.** If the officer ran field tests before forming reasonable suspicion of impairment, the test results can be excluded. ## What you have to do at a Rhode Island DUI checkpoint If you encounter a sobriety checkpoint in Rhode Island, you are required to: - Stop when directed - Provide license, registration, and insurance - Answer basic identification questions You are not required to: - Answer questions about where you have been or whether you have been drinking - Submit to field sobriety tests at the roadside (in Rhode Island these are voluntary) - Submit to a preliminary breath test at the roadside (also voluntary in most situations) The required chemical test happens after an arrest, not at the checkpoint stop. Refusing the post-arrest breath test triggers a separate refusal case at the Traffic Tribunal under Rhode Island General Laws section 31-27-2.1. ## What officers look for at the checkpoint stop The initial checkpoint contact is supposed to be brief. The officer is looking for signs of impairment: - Odor of alcohol - Bloodshot or watery eyes - Slurred speech - Fumbling with documents - Open containers visible in the car - Difficulty answering simple questions If the officer sees any of those signs, you get pulled into a secondary area for further investigation. That is when field sobriety tests come out. From that point on the case is like any other DUI stop, except the initial detention came from a checkpoint instead of an observed driving violation. ## Most common Rhode Island checkpoint locations Rhode Island runs checkpoints across all four counties throughout the year, with heavier activity around major holidays: - **Providence County:** I-95, Route 6, Hartford Avenue, Atwells Avenue, Allens Avenue. (https://www.riduiguy.com/providence-dui-lawyer/) heard at the 6th Division. - **Kent County:** Route 2, Bald Hill Road, Quaker Lane. (https://www.riduiguy.com/warwick-dui-lawyer/) and West Warwick stops common. - **Washington County:** Route 1, Route 138, URI campus area, Block Island ferry roads during summer. - **Newport County:** Newport bridges, Aquidneck Island routes, especially during summer tourist season. ## When checkpoints get heavy The state police and local departments run more checkpoints around: - Memorial Day weekend - July 4 weekend - Labor Day weekend - Thanksgiving Eve (one of the heaviest DUI nights of the year) - Christmas and New Year's Eve - St. Patrick's Day - Super Bowl Sunday - Major Patriots and Red Sox playoff dates The "drive sober or get pulled over" campaign funds extra patrols and checkpoints during these windows. If you got pulled over during one of these enforcement periods, the checkpoint defense angle is worth exploring. ## What to do if you were stopped at a checkpoint Write down everything you remember about the stop as soon as you can: - The exact location of the checkpoint - Approximate time of the stop - How many officers were present - What the signage looked like (if any) - How the officer described why you were stopped - What questions were asked - What tests were administered - Whether other cars were being waved through Every detail helps the defense. We will then request the checkpoint records through discovery to compare against your memory of the stop. ## Where Rhode Island checkpoint DUI cases are heard Checkpoint DUI cases are heard in the District Court division where the checkpoint was located: - (https://www.riduiguy.com/ri-6th-division-district-court-dui/) - 6th Division at the Garrahy Judicial Complex - (https://www.riduiguy.com/ri-2nd-division-district-court-dui/) - 2nd Division at the Murray Judicial Complex - (https://www.riduiguy.com/ri-3rd-division-district-court-dui/) - 3rd Division at the Noel Judicial Complex - (https://www.riduiguy.com/ri-4th-division-district-court-dui/) - 4th Division at the McGrath Judicial Complex Refusal cases tied to checkpoint arrests get heard separately at the Rhode Island Traffic Tribunal. ## Free consultation If you were arrested at a Rhode Island DUI checkpoint, the case has defense angles that other DUI cases do not. Call 401-573-2265 for a free consultation and we will pull the checkpoint records to see where the holes are.