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Are you allowed to avoid a sobriety checkpoint?

On Behalf of | Jun 3, 2024 | Dui

Even if you’re not under the influence, you certainly may not want to go through a sobriety checkpoint. You may just not enjoy interacting with the police. You may be concerned that you could say the wrong thing and wind up getting arrested, even though you didn’t break the law. If someone told you where the checkpoint was located before you got in the car, you would avoid taking that route.

But what if you find out where the checkpoint is after you’re already driving? For instance, say you’re coming down the road and you see that the police have set up a checkpoint ahead of you. Do you have to drive through it because you’re already on that road? Or can you avoid it?

Be careful how you do so

Legally speaking, yes, you can avoid a DUI checkpoint. You don’t have to go through the checkpoint, and it may take a very simple maneuver to avoid it. Perhaps you just turn right a few streets before the checkpoint and head off on an alternative route.

The key is to ensure that you follow all traffic laws while doing this. One of the biggest mistakes drivers make is when they see a checkpoint and they commit an illegal U-turn and start driving in the other direction. Not only does this look suspicious to the officers at the checkpoint, but the U-turn itself is illegal and provides justification for a traffic stop. But as long as you follow all applicable laws, you’re not obligated to drive through the checkpoint.

Have you found yourself under arrest and facing impaired driving charges? You need to know about all of your defense options.