Is it illegal to try to avoid DUI Checkpoints?

DUI checkpoints have been approved in many states to help curb the incidence of this violation. However, in order for those checkpoints to be legal, they must follow the state requirements for safety, supervisory oversight, and fairness. Nevertheless, just because a DUI checkpoint has been established in a certain location does not mean that every driver in the area must pass through it. Drivers have the right to avoid a DUI checkpoint, as long as they only take legal actions to do so.

In other words, a driver cannot make an illegal u-turn to avoid a checkpoint, but they can make a legal one. They cannot drive the wrong way down a one-way street, but they can take a side street to avoid the checkpoint. In addition, if they make any unsafe moves to avoid the checkpoint, they can be assured that a police officer who notices them has the right to pursue them.

If someone does make a safe and legal change of direction to avoid a DUI checkpoint, and a police officer pursues them, administers sobriety tests, and arrests them on DUI charges, they have the right to fight them. In such a case, the office may not have had probable cause to pursue and stop the driver. If not, any evidence they obtained may be inadmissible.

If you are facing such an arrest, you should contact a DUI attorney to represent you and help you protect your rights.