Can you avoid a sobriety checkpoint?
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Can you avoid a sobriety checkpoint?

On Behalf of | Aug 16, 2022 | Criminal Defense, DWI

If you see a sobriety checkpoint up ahead, you may want to avoid it for any number of reasons. However, it may seem like something you have to go through due to the way it’s set up.

But do you actually need to go through a sobriety checkpoint when you see one? Or is it legal for you to avoid them?

How officers handle sobriety checkpoints

LifeSafer discusses avoiding sobriety checkpoints. Essentially, you do not have a legal obligation to go through these checkpoints when you see them.

Similarly, officers also have legal obligations when they set up these checkpoints. For one, they often have to give a warning in advance that a sobriety checkpoint is up ahead. Many also have to provide alternative routes for those who want to avoid it.

Legally avoiding them

However, it is important to avoid the checkpoint in a legal way in order to avoid getting pulled over. After all, officers monitoring the checkpoint will often keep an eye out for people turning around and attempting to avoid it. They may regard you with suspicions about your reasons for leaving.

Thus, always make sure not to take illegal turns or U-turns. Do not cross double lines or solid lines. Do not cut off any other drivers or drive in a reckless way, which includes speeding.

You should also keep an eye out for anything unrelated to breaking the laws of the road which could still get you pulled over, like having a broken tail light or expired plate stickers. Officers can and may still pull you over for these infractions as a way to get you off the road so they can potentially engage in field sobriety testing.