Imagine you’re driving home from a party when all of a sudden, traffic
starts to back up. Looking down the road, you realize that there is a
DUI checkpoint ahead. You’re nervous because you had a few drinks at
the party, but you also notice that you have the ability to turn around
and avoid the checkpoint altogether. Do you take the opportunity or not?
The answer is: “It depends.”
When Is It Safe to Avoid a DUI Checkpoint?
There is no law making it illegal to turn away from a DUI checkpoint –
but there are laws governing when and how you can make that turn. If you
make an illegal turn or break any other traffic law in order to avoid
a sobriety checkpoint, then you may just make your situation worse instead
of preventing a DUI arrest.
Police officers are not allowed to go after someone who turns away from
a checkpoint simply because they are suspicious. Officers must have valid
reason to believe that you are intoxicated before they can pursue your
vehicle or pull you over to determine whether you are under the influence.
They can, however, pull you over if you did any of the following:
- Drove through a barricade / traffic cones
- Failed to use your turn signal before turning
- Disobeyed a traffic sign or signal
- Failed to yield
- Crossed a solid white or yellow line
- Drove over a divider
- Drove on the sidewalk
- Made an illegal U-turn
- Drove the wrong way
The moment you break any traffic law, a police officer has the right to
pull you over. The moment they pull you over, they
might come up with reasonable suspicion that you are intoxicated (such as bloodshot
eyes and / or the smell of alcohol on your breath). Don’t give them
that chance. Make a legal turn to avoid a checkpoint or else go through
with the sobriety check.
Contact a DUI Attorney in Birmingham Today
Do you believe that an officer wrongfully chased after you and pulled you
over when you turned away from a checkpoint? Did you go through a sobriety
checkpoint and end up getting arrested for drunk driving?
Tidwell Law Group, LLC can provide the DUI defense that you need.
Call (205) 800-8596 immediately for a