Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

TRUE OR FALSE: An officer has discretion to stop or not stop vehicles at a DUI checkpoint.

1. True

2. False

3. Only if the officer suspects a violation

4. Only when instructed by a supervisor

The correct answer is: False

In the context of DUI checkpoints, the concept of discretion for law enforcement officers operates within defined parameters. At a DUI checkpoint, officers are required to stop all vehicles or vehicles that meet a set guideline for the checkpoint, such as every nth vehicle. The purpose of this uniformity is to ensure that the checkpoint is operated fairly and effectively in deterring impaired driving while upholding the law. Allowing individual discretion to stop or not stop vehicles would undermine the systematic nature of the checkpoint, could lead to allegations of discrimination or bias, and would not provide the necessary consistency in enforcement. Thus, the statement that an officer has discretion to stop or not stop vehicles at a DUI checkpoint is false as their actions are regulated by the established procedures for such operations, which mandate the stopping of every vehicle or a specific pattern, without personal discretion influencing the decision at the moment.