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Can you drive away from a DUI checkpoint?

On Behalf of | Nov 25, 2022 | DUI |

A DUI checkpoint is essentially just a roadblock where the police can briefly detain all of the drivers. Anyone who comes through is subjected to this, and the police may decide to ask questions or try to determine if any of the drivers are impaired.

This is certainly something that is controversial, as there are many people who feel that it violates their rights since they are being stopped without a reason. However, courts do tend to rule in favor of these checkpoints, and so they can still be used.

What you may be wondering is if you can simply turn around and drive away if you see one of these checkpoints ahead of you. Do you actually have to continue on, or could you decide that you don’t feel like going through the checkpoint and you want to take a different route?

You have to do it legally

You can typically drive away from the checkpoint, but remember that the police are going to be watching vehicles that do this. They’re going to monitor you very closely, and they’re going to look for any minor driving mistakes.

As such, if you make any errors while turning around or driving away from the checkpoint, that gives them a reason to pull you over. For instance, say that you decided to perform a U-turn, but it is illegal because you were on a two-way street. The police could then use the U-turn as a reason to have a unit pull your vehicle over, and they could make you do field sobriety tests or take a breath test.

If you wind up getting arrested after a DUI stop or at a checkpoint, you need to know what defense options you have.