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Are you allowed to avoid a sobriety checkpoint?

On Behalf of | Aug 15, 2024 | Criminal Defense |

Many drivers don’t like the idea of sobriety checkpoints. They know that they can be pulled over for drunk driving if there is reasonable suspicion for a traffic stop. But at a sobriety checkpoint, every driver has to stop and then the police will pull some of them over for closer inspection. 

This often is legal, even if drivers don’t like it. As a result, you may find yourself wondering if you’re allowed to avoid the checkpoint. Say that you’re on your way home from an evening out with friends when you see a checkpoint on the road ahead of you. Do you have to go through it since you’re driving down that road, or can you turn to avoid it?

You can avoid it legally

First and foremost, you are allowed to avoid the checkpoint. It’s not illegal for you to take the next right turn and drive off down a side street, for example. Drivers are not obligated to go through the checkpoint just because they’re using that street.

However, it is very important to make sure that you do everything legally while you are avoiding the checkpoint. If you don’t, then you could still get pulled over. 

For example, turning on your blinker and taking a right turn is likely a legal maneuver and the police won’t do anything about it. But if you slam on your brakes, pull a U-turn in the middle of the road and start driving quickly in the other direction, that’s suspicious enough that they’re going to pull you over. The illegal U-turn gives them probable cause, and you could be arrested.

If you do find yourself facing arrest after a DUI stop or an interaction at a checkpoint, be sure you know what legal options you have.