It’s true that DUI checkpoints are contentious. Many people do not believe that they should be legal, and they have been challenged in court. The reasoning is that police officers don’t have reasonable suspicion to stop these vehicles. They simply stop all of the vehicles that go through the checkpoint, whether they have a reason to do so or not.
But, the Supreme Court has already ruled that these checkpoints are permitted. Essentially, the government believes that they do enough good to prevent drunk driving that it is worth the minor inconvenience to sober drivers who have to stop at the checkpoint without violating the law. The police typically have to announce where the checkpoint will be located and when it will be in operation, but they can use this system if they do so.
Can you just avoid the checkpoint?
Yes. The law may say that checkpoints are legal, but that doesn’t mean you have to drive through them. You can just avoid the checkpoint, perhaps by checking in advance to see where it is going to be located and avoiding that road.
But if you find yourself approaching a checkpoint and you want to turn and avoid it, make sure that you do so legally. Some drivers get into trouble when they avoid the checkpoint through an illegal maneuver – like making a U-turn in the middle of the road – and then they still get pulled over. But as long as you make a legal turn, you’re not obligated to drive through the checkpoint just because you can see it.
Your criminal defense options
If you are facing drunk driving allegations, either after a traffic stop or after going through a checkpoint, take the time to carefully consider all of your legal options.