Do you need to pass through a sobriety checkpoint?

On Behalf of | Nov 3, 2022 | DUI/DWI Defense |

If you find yourself upon a sobriety checkpoint, you need to slow down and follow the police instructions. If they wave you through, carry on, but if they tell you to stop, do so.

Failing to stop could cause you a lot of problems because the police will likely assume you are fleeing for a reason. They’ll think you either know you are too drunk to drive or fear being caught for another criminal offense.

If, however you see the signs warning of the checkpoint in time,  you may be able to avoid it. Here is how:

Check your options to pull off the road legally

Maybe you spot a parking space by the side of the road. If you want to pull into it and leave your car there until later, that is your right. You are not breaking any laws by not continuing through the police stop unless you break laws related to how and where you park.

Turning off the road may also be an option

If there is a turn that you can make without breaking any laws, then feel free to take it. You could alter your route to avoid the checkpoint altogether.

Won’t the police chase me if they see me avoiding a checkpoint?

They have no legal reason to do so unless they spot you breaking the law. If, for example, you pull a handbrake turn, or ride roughshod over the central reservation, expect to be followed and stopped. But the police will stop you for the driving offense, not because you avoided their checkpoint. They may, however, arrest you for drunk driving if they believe you are drunk.

If you find yourself in problems after avoiding a sobriety checkpoint, seek legal help to see if you did anything wrong and, if so, what defense options you have.



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