Motorists generally dislike encountering anything in traffic that may increase their drive time. Traffic jams are a universally loathed commuter experience, and people may also be frustrated by the delays caused by collisions. They tend to shut down roads, especially when vehicles can’t move or people get hurt.
Some of the worst crashes reported involved chemically intoxicated drivers. Drunk drivers may speed or drive the wrong way on the road. The state therefore makes a concerted effort to identify impaired drivers before they cause harm to others. One of the strategies that law enforcement agencies use is to establish sobriety checkpoints. This is another obstacle that can increase how long it takes for a driver to reach their destination.
Also known as driving under the influence (DUI) roadblocks, sobriety checkpoints involve police officers filing certain paperwork and stopping every vehicle that passes a certain point on the road. Do drivers who notice a sobriety checkpoint ahead need to proceed forward through the checkpoint in every case?
It is legal to avoid a checkpoint
There is no rule that says drivers who spot a checkpoint ahead of them in traffic have to wait in line to interact with police officers. They have the option of turning off down a side street or into a business nearby. As long as there are no signs advising them not to do so and appropriate road conditions, it may even be lawful to complete a U-turn to bypass a sobriety checkpoint ahead.
The good news for drivers who cannot turn around or avoid a checkpoint is that typically officers have to actively minimize the inconvenience they cause for the people they stop. In other words, they can only screen each individual driver briefly and should send them on their way unless they have reason to detain them for enhanced screening.
In scenarios where drivers end up arrested for DUI offenses at sobriety checkpoints, they may still be able to fight those charges by working with a criminal defense attorney. Developing a DUI defense strategy depends on the evidence the state gathers about the driver’s behavior. Motorists who know how to respond to a sobriety checkpoint can assert themselves during a stop and/or after getting arrested at one.