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Do you have to pass through DUI checkpoints?

On Behalf of | Aug 27, 2024 | Criminal Defense

The Labor Day weekend is the most dangerous weekend on the roads. It sees an average of 514 crash deaths each year. Part of the problem is that many people celebrate with alcohol and then get into their vehicles and drive.

This is why you may well see a DUI checkpoint if you are out on the roads that weekend. The police want to deter people from drinking and driving to save lives and reduce injuries.

If you come across a checkpoint you may wonder whether or not you have to pass through it. You might not want an encounter with the police for all sorts of reasons, even if you have not drunk any alcohol.

You might not have to pass through it

If you can safely and legally turn off or turn around before reaching the checkpoint, then you are within your rights to do so. There is no law obligating you to carry on through the checkpoint ahead.

The key, though, is to make sure it really is safe and legal to avoid the control. What you consider safe and legal might not match what a police officer who sees you trying to avoid their checkpoint thinks is safe and legal. A few examples of things that could land you in trouble include:

  • Turning around where it is forbidden to cross the central line of the road
  • Braking to make a turn-off without giving the vehicle behind sufficient warning
  • Turning off your lights at night so the police don’t notice you turning around
  • Pulling over to think about what to do in a no-stopping zone

 

Whether you pass through the control or not, if you end up in problems with the police, getting help to learn what to do next will be wise.