Can you legally avoid a sobriety checkpoint?

On Behalf of | Jun 1, 2022 | DUI |

Sobriety checkpoints, or DUI checkpoints, exist as spots along a highway in which an officer can pull over any car that passes through if they suspect the driver of driving intoxicated.

These checkpoints have clear markings which should in theory make them easy to avoid. But is that a realistic option?

Is it legal?

LifeSafer discusses sobriety or DUI checkpoints and what they mean for drivers. Essentially, an officer cannot force a driver through a DUI checkpoint. In fact, it is perfectly legal to turn around or otherwise avoid a DUI checkpoint if a driver comes across one unexpectedly. This is likely to happen because most states do not require an officer to give advance notification of a checkpoint, nor do they have to set up an alternative route.

How do you do it?

But that does not mean drivers cannot make or take one on their own. The caveat: they must do so legally. In other words, a driver cannot make an illegal U-turn to get away, nor can they drive recklessly or cut off other drivers in their attempt to leave.

Such actions on the road will give police a viable reason to pursue and pull a driver over. From there, they could find a reason to suspect a driver of hitting the road while intoxicated and can then subject said driver to DUI tests.

In short, if a driver wants to avoid going through a DUI checkpoint, they can do so if they leave in a legal and safe way. Otherwise, they will attract unwanted attention and could end up guaranteeing potential trouble with the law.