Majority of Californians have encountered sobriety checkpoints, or DUI checkpoints, while driving. Sobriety checkpoints is an effort to decrease drunk driving. Law enforcement officials generally conduct checkpoints and increase patrols of holidays like the Fourth of July or Labor Day. So what happens when you approach a sobriety checkpoint and choose to drive in another direction to avoid it?
Well, avoiding a sobriety checkpoint is not against the law. A police officer cannot stop you because you had chosen to turn around and drive away from the DUI checkpoint. There is possibly a catch. Before discussing how you could be stopped for leaving a DUI checkpoint, let’s discus these checkpoints and reasons for them.
For a sobriety checkpoint to be Constitutional, the following must be present:
- Police have to let the public know about the checkpoints in advance.
- The checkpoints cannot be hidden. They must be visible to any oncoming motorist.
- Drivers are stopped using a mathematical formula, not at police discretion.
- The checkpoints must be set up in a location that is reasonable. For instance, they must be in an area that will yield results.
- All checkpoints must be safe for police and drivers. They also must have proper signage and lighting.
- Drivers must be stopped for only a necessary time frame.
The court also decided in Ingersoll v. Palmer the following:
A sign must be erected to let drivers know about the checkpoint in well in advance of the checkpoint location. This gives drivers the opportunity to turn leave before entering the checkpoint. Most importantly, no driver can be stopped for choosing to avoid the checkpoint.
The “Catch” About Avoiding a Checkpoint
You see a sign posted announcing a DUI checkpoint is ahead. You choose to drive away or around the checkpoint to avoid being stopped. It is your legal option. However, there are many officers sitting in patrol vehicles watching drivers at checkpoints. Their job during that time is to watch for and observe drivers who turn away from the checkpoints.
For example, you are driving away from the checkpoint and the officer sees you. He or she can follow you and even pull you over if you commit a traffic violation like driving erratically. The officer cannot stop you for avoiding a checkpoint.
Approaching a Sobriety Checkpoint
You can decide to avoid the checkpoint. Make sure you do not give police a reason to stop you such as:
- Making an illegal U-turn.
- Speeding.
- Weaving in and out of lanes.
- Having a broken taillight.
- Driving in an unsafe manner.
- Running a red light.
If you decide to drive away from a sobriety checkpoint and you are then stopped by an officer, remain calm. He or she may not have probable cause to stop you if you didn’t commit a traffic violation. If the stop results in a DUI arrest and it may give your defense lawyer evidence to use to challenge your arrest and DUI charges.
Are you searching for more information about sobriety checkpoints and your Constitutional rights to challenge the DUI charge in California? Now is the time to contact the Law Offices of Jonathan Franklin. Defense attorney Jonathan Franklin and his team is experienced, aggressive and ready to fight for drivers’ rights who are charged with DUI. It does not matter if it is your first DUI or not. We also represent drivers who are charged with vehicular manslaughter and DUI causing injury. Contact us today.
