[§291E-20] Minimum standards for roadblock procedures.

293 words·~1 min read·/hi/291e-20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Every intoxicant control roadblock program shall:

(1)Require that all vehicles approaching roadblocks be stopped or that certain vehicles be stopped by selecting vehicles in a specified numerical sequence or pattern;

(2)Require that roadblocks be located at fixed locations for a maximum three-hour period;

(3)Provide for the following minimum safety precautions at every roadblock:

(A)Proper illumination;

(B)Off-road or otherwise safe and secure holding areas for vehicles involved in any roadblock stop;

(C)Uniformed law enforcement officers carrying proper identification;

(D)Adequate advance warning of the fact and purpose of the roadblocks, either by sign posts, flares, or other alternative methods;

(E)Termination of roadblocks at the discretion of the law enforcement officer in charge where traffic congestion would otherwise result; and

(4)Provide for a sufficient quantity and visibility of uniformed officers and official vehicles to ensure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience.

(b)Nothing in this section shall prohibit the establishment of procedures to make roadblock programs less intrusive than required by the minimum standards provided in this section. [L 2000, c 189, pt of §23]

Law Journals and Reviews

Drunk, Driving, and Untouchable: The Implications of State v. Heapy on Reasonable Suspicion in Hawai`i. 31 UH L. Rev. 607 (2009).

Case Notes

This section does not authorize law enforcement officers conducting sobriety checkpoints to pursue and detain drivers of motor vehicles appearing to avoid the sobriety checkpoints in a lawful manner; permitting officers to do so was beyond the lawful scope of the statutory procedures and, therefore, more intrusive than the standards and guidelines described in this section and violative of §291E-19. 113 H. 283, 151 P.3d 764 (2007).