As long as the police follow the proper procedures, they are allowed to use sobriety checkpoints. These differ from regular traffic stops, where an officer needs a reason to pull a driver over and ask them to perform a field sobriety test or take a breath test. At a checkpoint, officers simply speak to drivers as they go through and pull some of them aside for further questioning.
Many drivers do not want to go through these checkpoints. If you see one ahead of you on the road, you may be unsure what options you have. Do you have to drive through the checkpoint once you’ve noticed it? If you try to turn and avoid it, will the police spot your vehicle and pull you over anyway? Even if you’re completely sober, you might worry that avoiding the checkpoint could still lead to an unwanted interaction with the police.
Legally avoiding the checkpoint
You can avoid the checkpoint, but you must do so legally.
For example, some drivers may spot a checkpoint, panic, and make an illegal U-turn in the road. In most cases, this type of U-turn is against traffic laws. If the police see it, that gives them a reason to pull the car over, and they may pursue the driver under the assumption that they are impaired.
However, if you calmly signal and turn down a side street, you haven’t violated any traffic laws, and the police cannot pull you over simply for taking a different route.
Your criminal defense options
If you find yourself facing drunk driving allegations or other serious criminal charges, make sure you are well aware of all the defense options available to you—especially if you believe you were operating your vehicle legally at the time.