All Utah DUI driving under the influence checkpoints must follow a written plan available to any stopped motorist. The written DUI checkpoint plan must be approved by a judge first and contain the following elements:
(1) the date, time, and duration of the checkpoint;
(2) the sequence of traffic to be stopped;
(3) the purpose of the DUI checkpoint, including the inspection or inquiry to be conducted;
(4) the minimum number of personnel to be employed in operating the checkpoint, including the rank of the officer or officers in charge at the scene;
(5) the configuration and location of signs, barriers, and other means of informing approaching motorists that they must stop and directing them to the place to stop;
(6) any advance notice to the public at large of the establishment of the checkpoint; and
(7) the instructions to be given to the enforcement officers operating the checkpoint;
The judge must make an independent determination that the plan appropriately:
(i) minimizes the length of time the motorist will be delayed;
(ii) minimizes the intrusion of the inspection or inquiry;
(iii) minimizes the fear and anxiety the motorist will experience;
(iv) minimizes the degree of discretion to be exercised by the individual enforcement officers operating the checkpoint; and
(v) maximizes the safety of the motorist and the enforcement officers;
(i) drivers that may be under the influence of alcohol or drugs;
(ii) license plates, registration certificates, insurance certificates, or driver licenses;
(iii) violations of Title 23, Wildlife Resources Code of Utah.
The only statutory reasons you can conduct a DUI checkpoint is for
Any person who intentionally and knowingly passes, without stopping as required, any administrative traffic checkpoint is guilty of a class B misdemeanor. Anytime you turn around near a DUI checkpoint will raise concerns with law enforcement officers manning the DUI checkpoint. You turning around will be another objective articulable fact that law enforcement may use to stop your vehicle under reasonable suspicion.
Utah Code Ann. 77-23-101 (2020) is the controlling and key statute authorizing DUI check points in Utah.
