Most drivers become incredibly anxious when they see the flashing lights of a police cruiser behind them in traffic. People may also feel quite stressed when they notice police vehicles ahead of them in traffic. They may be about to encounter a driving under the influence (DUI) checkpoint or sobriety roadblock.
These mass enforcement tools allow police officers to screen dozens of drivers per hour for signs of chemical impairment. Motorists stopped at DUI checkpoints may face arrest and prosecution if police officers have reason to believe that they are under the influence of drugs or alcohol.
Drivers who know their rights may have an easier time than others avoiding negative consequences after encountering a roadblock. What options do drivers have when they notice a checkpoint ahead?
The option of avoiding the checkpoint
Technically, drivers can reroute to avoid a sobriety checkpoint. Doing so might draw the attention of police officers who may assume that they are under the influence if they try to avoid the checkpoint. However, drivers can conduct a U-turn if the situation allows, pull off the road to park at a nearby business or turn onto another street to avoid a sobriety checkpoint without technically violating the law.
Some drivers who try to avoid a checkpoint may face a one-on-one traffic stop conducted by other officers nearby. Others may simply continue on their way as though nothing happened.
The use of basic rights at a checkpoint
Drivers may not be able to avoid a checkpoint or may decide that proceeding through one is the best option. In such scenarios, they can make use of their rights. People generally do not have to answer invasive questions from police officers. While they do have to provide identification, vehicle registration documents and proof of insurance, they do not have to answer inquiries about their prior conduct or their destination.
Police officers conducting checkpoints typically only have the right to engage in cursory screening and must minimize the inconvenience for the drivers passing through. Drivers have the right to ask if the officer intends to detain them and to leave if they do not.
If officers ask people to stop for enhanced screening, they need to know their rights in those scenarios as well. Drivers generally have the right to decline field sobriety testing. After an arrest, drivers facing DUI allegations can assert their right to remain silent and their right to legal representation.
Fighting DUI charges after a checkpoint arrest often requires the development of an appropriate defense strategy after an analysis of the evidence. Seeking legal guidance can help motorists beat DUI charges even if their arrest occurs at a sobriety checkpoint.
