Many driving under the influence (DUI) charges are the result of targeted enforcement efforts. Police officers conduct chemical tests after traffic collisions or pull drivers over when they show signs of intoxication at the wheel.
Other times, police departments may engage in mass enforcement efforts. Drivers who encounter DUI checkpoints are subject to cursory screening. If officers have reason to suspect that they are under the influence, drivers may have to pull aside for additional screening.
Florida is one of many states that permit sobriety roadblocks as a way to deter and identify impaired motorists. Can drivers who notice a checkpoint ahead take steps to avoid passing through the checkpoint?
Drivers can maneuver to avoid obstacles
A checkpoint or roadblock ahead is sometimes visible from a distance. Flashing lights and a line of stopped cars waiting to interact with officers can be a warning sign of mass enforcement efforts further up on the road.
Drivers who encounter checkpoints typically feel compelled to proceed through the roadblock. However, they also have the legal right to actively avoid the checkpoints. There is no rule that forbids drivers from changing their route or turning around.
A driver that notices a checkpoint ahead could turn off onto a different road or pull into a parking lot. In fact, provided that they can do so safely, a driver hoping to avoid a checkpoint could even perform a U-turn.
While there is no law prohibiting a maneuver intended to avoid a checkpoint, officers may have coworkers nearby specifically watching for those who avoid the checkpoint. Drivers may experience a one-on-one traffic stop, particularly in cases where they perform questionable maneuvers to avoid passing through a checkpoint.
After a checkpoint arrest, those accused of impaired driving still have options. Perhaps police officers let confirmation bias impact how they analyzed the situation. Maybe there’s an explanation for why the driver failed breath tests or field sobriety testing.
Motorists arrested at a checkpoint or near one on allegations of a DUI offense may need help developing a defense strategy. Reviewing the state’s case and the situation at the time of an arrest with a skilled legal team can help drivers determine the best way to respond to pending DUI charges.