Yes, DUI checkpoints are legal in Tennessee. These are also often referred to as sobriety checkpoints.
These differ substantially from traditional DUI traffic stops. In a normal stop, the police officer needs to have reasonable suspicion to pull over the car. Officers are not simply stopping every car to see if drivers are impaired.
But at a checkpoint, any vehicle that goes through the checkpoint is required to stop. Officers will often simply talk with drivers briefly, and many are allowed to pass through the checkpoint without incident. But if an officer suspects that someone may be under the influence, they can have that vehicle pulled aside for further investigation.
Can you avoid these checkpoints?
You can avoid DUI checkpoints. After all, the police are often obligated to publish the checkpoint schedule, informing the public of when and where the checkpoint will be set up. Drivers can choose alternative routes if they do not want to submit themselves to the checkpoint.
Even if you see a DUI checkpoint ahead of you and you do not want to go through it, you can deviate from your course in order to avoid it. The key is just to ensure that you do not make any illegal driving maneuvers while doing so. For instance, turning right on the next side street can be done legally, and you can seek an alternative route. But if you instead perform an illegal U-turn to drive in the opposite direction of the checkpoint, that illegal U-turn could then cause the police to pull over your vehicle.
DUI checkpoints are certainly controversial, but they can be used under Tennessee law. They are permitted multiple times per month. If you have been arrested following an interaction at a checkpoint, you need to know what legal defense options you have.
