Drunk driving is a common crime, and police departments work diligently to combat this public safety threat. There are several reasons that people might get arrested for a driving under the influence (DUI) offense.
Some people get arrested because they fail chemical tests after collisions. Others face charges because they drive poorly enough to attract a police officer’s attention on the road. Sobriety checkpoints, also known as DUI roadblocks, are another common reason for drunk driving arrests.
Police departments in Illinois can conduct checkpoints to screen drivers. Do motorists have the right to turn around when they notice the checkpoint ahead?
Aggressive maneuvers could lead to a traffic stop
Technically, the state cannot force people to proceed through a checkpoint if they notice it in time. Drivers could turn around if it is safe and legal to do so. They could also turn onto another street or exit a highway to avoid a checkpoint.
Police officers must have a justification to stop someone after they bypass a DUI checkpoint. However, state courts have ruled in favor of police departments after they conducted targeted stops of motorists who avoided checkpoints.
Factors, including the proximity of the driver to the checkpoint and even the time of day, could influence whether avoiding the checkpoint is a realistic solution. Drivers approaching checkpoints have the same rights as other motorists, including the right to decline field sobriety testing and to refuse to answer certain questions.
Those arrested at a DUI checkpoint despite their best efforts are empowered to present a defense against the criminal charges that they face. Consulting with an attorney can help people consider different defense strategies after a checkpoint DUI arrest.