3 things to know when approaching a DUI checkpoint

On Behalf of | Jan 15, 2025 | DUI Checkpoints

Most drunk driving enforcement occurs on a case-by-case basis. Police officers responding to a crash report or conducting traffic stops screen individual drivers for signs of intoxication through the tests that they administer.

Local police departments sometimes organize driving under the influence (DUI) checkpoints, which some people refer to as sobriety roadblocks. Motorists often feel panicked when they approach sobriety checkpoints, even if they have only had a single alcoholic beverage that evening. After all, police officers looking for drunk drivers are likely to misinterpret any evidence that could support the presumption of impairment.

What do motorists need to know as they approach a DUI checkpoint?

Checkpoints are usually legal

Some people think that a DUI checkpoint is a violation of their civil rights. They may claim that stopping every motorist on a busy road constitutes an unreasonable interference in their daily lives. However, the Supreme Court has ruled on checkpoints previously and affirmed that they can be lawful when administered properly. Police officers generally need to be very quick about screening drivers and releasing those who do not fail tests. Generally speaking, checkpoints are not a violation of an individual’s constitutional liberties.

Drivers can avoid checkpoints

The law does not explicitly force motorists to proceed through a checkpoint. Most people assume that they cannot turn away when they notice a checkpoint ahead. Technically, drivers have the right to conduct any legal and safe maneuver necessary to reroute when there is a roadblock ahead. That being said, police departments may have other officers on patrol, ready to pull over anyone who intentionally tries to avoid the checkpoint.

Drivers have rights at checkpoints

As previously mentioned, every driver stopped at a checkpoint has the right to proceed through the roadblock as quickly as possible. Police officers should only perform cursory screenings. Drivers who know their rights can avoid making mistakes that put them at higher risk of a criminal conviction. They do not have to answer invasive questions or agree to perform field sobriety tests.

Even if people get arrested at a sobriety checkpoint, they may still be able to fight back against the pending DUI charges that they’re facing. Reviewing what happened at a DUI checkpoint with a skilled legal team can help a driver plan a reasonable response to a pending DUI charge. Motorists can sometimes defeat charges that begin with a checkpoint arrest if they have the right assistance in criminal court.

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