Some of you want to know why they should stop these roadside DUI checkpoints just because they’re catching people for various other crimes. That’s a reasonable question.
But there’s also another side to the coin. Since i arrived in the US, every time i’ve been in a discussion about these DUI roadblocks there have always been a few libertarians saying, quite reasonably, that such roadblocks are troublesome because they essentially allow police to conduct random stops and to conduct fishing expeditions, all in the absence of probable cause.
So, we have a policy—the DUI roadblocks—that certainly can have extremely beneficial results. I don’t think anyone would argue that reducing the number of drunk drivers on the road is a bad thing. But we also have an avenue for abuse of police power.
I humbly submit the Australian solution.
Random Breath Testing (RBT) was introduced in Australia during the 1980s. This program was exactly what the name implies—breath tests conducted on random motorists, both in an attempt to catch drunk drivers and, more importantly, as a deterrent to people who might think about driving after too much alcohol. And there’s no doubt that, in terms of road safety, RBT did the trick. Traffic deaths involving alcohol have declined markedly since the introduction of RBT, and i don’t know a single Aussie who opposes the system.
But there were some people who worried about the system when it was first introduced, for the reasons that i hinted at in the second paragraph. Civil libertarians (that’s what we call them in Austrlia; the term “libertarian” by itself has almost no currency in the Australian political lexicon) were concerned that RBT might be used as a way to get around other restrictions on police authority, and that some police might unfairly take advantage of this.
The solution they came up with was very simple: they don’t check licenses or registration at RBT stops. The only thing an RBT stop is used for is to check the amount of alcohol on your breath. They never ask your name, or to see your identification. All they ask is whether you’ve been drinking, and then they get you to blow in the machine.
If your alcohol level is below the legal limit, you are sent on your way. For all the cops know, you could be driving on a suspended license, or you could be an axe murderer. The only way you’ll get caught for those things is if you blow over the limit, because then you get arrested and your license and your identity become a matter of interest to the police.
I think it’s a good system, one that allows a certain level of intrusion in order to aid in public safety, but that doesn’t end up as just another excuse for the authorities to hassle innocent people without probable cause. I’ve been stopped by the RBT units on three occasions, and each time i was back on the road within about 60 seconds, having given the police nothing except some (alcohol-free) air. This system also allows Australia to avoid the laughable “roadside sobriety tests” that make for such amusing viewing on shows like “Cops.”