Many drunk driving arrests occur on an individual basis. Police officers target specific drivers for traffic stops based on their conduct or test the people involved in collisions for alcohol. Occasionally, local law enforcement organizations may want to engage in mass enforcement efforts.
Certain holidays and special events might lead to a larger-than-normal number of impaired motorists on the local roads. Establishing a driving under the influence (DUI) checkpoint, also known as a sobriety roadblock, can be a way for local authorities to deter impaired driving and arrest as many people who violate the law as possible with a limited commitment of resources.
DUI checkpoints are theoretically legal in scenarios where police departments have security approval for them ahead of time and abide by the law. Drivers could theoretically encounter DUI checkpoints on busy roads and at locations near bars or popular venues.
Do drivers have an obligation to proceed through a checkpoint when they spot one ahead?
Drivers can often reroute
There are several ways that people might learn about DUI checkpoints. Police departments sometimes publish notice of upcoming checkpoints. Other times, people may notice flashing lights ahead or may receive an alert through navigation software advising them of the slowdown ahead.
When drivers become aware of a nearby checkpoint, they generally have the option of avoiding it if they can do so lawfully. For example, people can turn off onto a side street or enter the parking lot of a nearby business. They can exit the highway or even conduct a U-turn if they are in a location where doing so is lawful.
There is nothing innately illegal about choosing to avoid a situation that could increase travel time. However, it is not always possible to legally and safely avoid passing through a checkpoint. Those who have to undergo law enforcement scrutiny at a checkpoint may benefit from understanding their rights.
They are under no obligation to answer invasive questions. Typically, officers can only conduct a cursory screening at the checkpoint and should allow most motorists to proceed as quickly as possible. In cases where they request enhanced screening, drivers can assert their rights during that process as well. For example, motorists have a legal right to decline field sobriety test requests.
If people get arrested at sobriety checkpoints, they may need help responding to the charges that they face. Fighting DUI charges that began at a checkpoint may necessitate a unique strategy. Reviewing circumstances carefully with a skilled legal team can help people determine the most effective response to a DUI charge.
