DWI Checkpoints in Arkansas

Sobriety checkpoints are legal in Arkansas, but only when they’re run under a plan set in advance by someone above the officers in the field, with neutral rules that keep those officers from deciding for themselves whom to stop or how. The State has to prove that plan existed. In Whalen v. State (2016), it couldn’t, and the Arkansas Supreme Court held that the evidence from the checkpoint should have been suppressed.

Here’s what makes a checkpoint lawful, what you have to do when you’re stopped at one, what happens if you turn around, and how checkpoint cases are challenged. For the bigger picture, see DWI defense in Arkansas.

Are DWI Checkpoints Legal In Arkansas?

Yes, with conditions. The U.S. Supreme Court upheld sobriety checkpoints in Michigan Department of State Police v. Sitz (1990). Because a checkpoint stops drivers without any suspicion, courts weigh three things: how serious the public concern is, how much the checkpoint advances it, and how much it interferes with drivers’ liberty. Arkansas courts apply the same test.

The purpose matters too. A checkpoint aimed at impaired driving serves road safety and can be valid. One whose primary purpose is general crime control, like looking for drugs, is unconstitutional.

Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 (1990); Brown v. Texas, 443 U.S. 47 (1979); City of Indianapolis v. Edmond, 531 U.S. 32 (2000).

What Makes A Checkpoint Constitutional

In Whalen, the Arkansas Supreme Court held that the State must show the checkpoint was carried out under a previously established plan with “explicit, neutral limitations on the conduct of individual officers.” Courts look at how the checkpoint was set up and run:

The plan doesn’t have to be written. In Jacobs v. State, a sergeant told a trooper to start the checkpoint and went over the location, start time, and details with him, and that was enough. Arkansas also doesn’t require a statewide program or an elected official’s approval, and the Jacobs court rejected the argument that skipping warning devices the agency’s manual said “may” be used made the checkpoint unconstitutional. What the plan can’t be is an afterthought: in Whalen, telling supervisors once the checkpoint was over didn’t count.

Whalen v. State, 2016 Ark. 343, 500 S.W.3d 710; Jacobs v. State, 2013 Ark. App. 177, 427 S.W.3d 83; Sheridan v. State, 368 Ark. 510 (2007); Mullinax v. State, 327 Ark. 41, 938 S.W.2d 801 (1997).

Your Rights At A DWI Checkpoint

At a checkpoint, you have obligations and rights, and the difference matters:

A few clarifications:

• Your license, not your story. Drivers must show their license on demand, but you generally don’t have to answer questions beyond that. You can politely say you’d rather not answer. See do you have to show your ID to the police? and what to do if the police want to question you.
• Field sobriety tests. They aren’t chemical tests, so implied consent doesn’t cover them, and declining them doesn’t trigger a license suspension. See field sobriety tests in Arkansas DWI cases.
• The roadside breath screener. A handheld preliminary breath test is a screening device. Under Department of Health rules, its result isn’t used in court to show you were under the influence, though it can support probable cause.
• The breath test at the station is different. It’s covered by implied consent: refusing it is a separate violation with its own license suspension, and the refusal can be used at trial. A blood test needs a warrant, your express consent, or a genuine emergency, and declining a warrantless blood draw isn’t a refusal. See when police can force a blood draw.
• Stay calm. The place to challenge a checkpoint is in court, not at the roadside.

Can You Turn Around To Avoid A Checkpoint?

Turning off before a checkpoint doesn’t violate any traffic law if the turn itself is legal. But in Arkansas, it can still get you stopped. In Coffman v. State, a driver approaching a clearly visible roadblock pulled into a driveway, backed onto the highway, and headed back the other way. The officer who followed and stopped him had seen no erratic driving. The Court of Appeals held the stop was lawful anyway: an apparent effort to avoid the police is a factor that can support reasonable suspicion.

And if the turn itself breaks a traffic law, like an illegal U-turn, that gives police a separate reason to stop you.

Coffman v. State, 26 Ark. App. 45, 759 S.W.2d 573 (1988).

How Checkpoint Cases Get Challenged

Because a checkpoint stop has no individual suspicion behind it, the State has to prove the checkpoint was lawful. The defense asks for:

• The plan, written or not: who set it up, when, and what it said
• Communications between supervisors and field officers, such as emails, dispatch logs, and briefings
• Who chose the location, time, and duration, and why the checkpoint was set up
• How the stopping pattern was set, and whether officers followed it
• How long drivers were held, and when the stop turned into a DWI investigation
• Dash-cam and body-cam footage from the checkpoint

If the State can’t prove the checkpoint was lawful, evidence that came from the stop, including the officer’s observations, field sobriety tests, statements, and the breath result, can be suppressed. In Whalen, the court held that any evidence obtained as a result of the checkpoint should have been suppressed, and it reversed.

What To Do If You Were Arrested At A Checkpoint

• Write down what you remember: the location and time, how cars were being stopped, how long you waited, the signs, lights, and officers you saw, and what was said.
• Request your license hearing. The seven-day clock applies to checkpoint arrests like any other. See how to save your license after a DWI arrest.
• Talk to a defense lawyer early. The checkpoint plan, dispatch records, and video have to be requested, and a motion to suppress is built from them.

The Bottom Line

Checkpoints are legal in Arkansas only when someone above the officers in the field sets them up in advance, with neutral rules the officers at the scene can’t change, and the State has to prove it. If you were arrested at one, the checkpoint itself is the first thing to examine. For what happens next, see the first-offense DWI guide.

Updated October 24, 2026

This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.