Are sobriety checkpoints legal in New Mexico?
Yes. The US Supreme Court upheld the constitutionality of sobriety checkpoints in 1990. When conducted under a strict set of policies and procedures, sobriety checkpoints do not constitute illegal search and seizure in New Mexico. The court agrees that the interest in reducing alcohol-impaired driving is sufficient to justify the brief intrusion of a properly conducted sobriety checkpoint. GO BACK 3.
