[§291E-20]  Minimum standards for roadblockprocedures.  (a)  Every intoxicant control roadblock program shall:

(1)  Require that all vehicles approaching roadblocksbe stopped or that certain vehicles be stopped by selecting vehicles in aspecified numerical sequence or pattern;

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

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

(A)  Proper illumination;

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

(C)  Uniformed law enforcement officerscarrying proper identification;

(D)  Adequate advance warning of the fact andpurpose of the roadblocks, either by sign posts, flares, or other alternativemethods;

(E)  Termination of roadblocks at thediscretion of the law enforcement officer in charge where traffic congestionwould otherwise result; and

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

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

 

Case Notes

 

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