A frequently asked question related to DUIs is whether people can avoid DUI checkpoints and whether it is legal to do so. It is an important question, as these checkpoints exist for good reason: to deter drunk driving and keep our roads safer.
Is it appropriate, however, for police to interrupt people’s driving with DUI checkpoints?
What is a DUI checkpoint?
While in many cases it is an inconvenience for people, DUI or sobriety checkpoints are lawful, and in many cases, you cannot avoid them. DUI checkpoints are temporary roadblocks law enforcement sets up to detect impaired drivers.
Can you avoid a DUI checkpoint?
While you can turn your car around if you know you are approaching a checkpoint, doing so can lead police officers to suspect you are doing something wrong if they see you, and they can pull you over. In other words, while you cannot keep police from stopping you if you drive through the checkpoint, you can avoid one.
However, if you avoid a DUI checkpoint by turning around, you must do it safely and without violating traffic laws. For example, if you do a U-turn in a location where it is not allowed, law enforcement can stop you and issue you a citation.
As stated above, even if you do not violate traffic laws, the act of turning your car around can cause a police officer to suspect you are trying to avoid the checkpoint because you are driving while impaired, and they can stop you anyway.
What happens if they stop you?
If police stop or pull you over, remain calm, pull your car to the side, and comply with the officer’s instructions. Keep your hands visible at all times, and if you have a weapon inside your vehicle, let the officer know.
It is important to note that if the police decide you must take a breathalyzer test and you exercise your right to refuse, you can be subject to an automatic driver’s license suspension under South Dakota law. Make sure you contact your attorney right away.
DUI checkpoints can be unpleasant and get in the way. However, they are legal and if you pass one, police can stop you to check for impaired driving. On the other hand, if you try to avoid it by turning around and get caught, the police can also stop you, so while it is technically legal to avoid it, the best thing to do is to avoid driving drunk and call an Uber or a taxi after you’ve been drinking.