What is the law regarding turning around and avoiding drunk driving checkpoints? I understand that drivers don’t have to go through the checkpoints but local police will pull them over, even though no crime has been committed. Can you comment on this?
You are correct, in that as a driver of a motor vehicle you are not required to proceed through a designated DUI/Driver’s license check point. In all most all instances the checkpoint is posted well ahead and there are other roadways to take in which you can completely avoid the checkpoint.
I then ask myself, why wouldn’t you want to proceed through the checkpoint? To which you might answer, “It’s none of your business,” or “because I have rights, and if I elect not to go through, I don’t have to!” Both of these are perfectly acceptable responses.
Some of the obvious reasons that I come up with for someone not wanting to drive through the checkpoint are: They may be impaired due to alcohol or drugs. They may not have a valid driver’s license or it’s suspended. They may have arrest warrants or recently were featured on ‘America’s Most Wanted.’ The car they are driving may have some issues associated with it, i.e, stolen, expired registration, equipment violations.
Now, these are coming from my perspective, which may be a little tilted toward the enforcement side. I do realize that many people are just nervous when it comes to these types of checkpoints. For anyone who has participated by driving through and speaking with the officers there, it’s painless and many times informative.
With regard to ‘officers who will then pull you over, even though no crime has been committed’ – I have to disagree with you there. Yes, in addition to the officers assigned to the actual checkpoint, there are generally saturation patrols in the vicinity. For an officer to make an enforcement stop on an individual or vehicle, the officer has to have probable cause. Probable cause by definition is the standard by which a police officer has the right to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It may be as simple as observing a vehicle being operated with an inoperative tail light, expired registration, no front license plate or no gloves in the glove compartment (that’s my favorite, and yes, I’m kidding). The bottom line is that the officer has to have probable cause in order to make an enforcement stop.
Once the officer has established that a violation has occurred and has made the initial stop and contact, then, like anything else, he/she takes it one step at a time, requesting the violator’s driver’s license, registration and proof of insurance. During this time, the officer is alert to everything that he/she can establish through their five senses. He/she may smell the odor of an alcoholic beverage emitting from within the vehicle, and/or may observe the driver’s eyes to be bloodshot and watery. The driver’s speech may be slurred. In addition to what the officer originally stopped the vehicle for, there may be other charges pending.
The purpose of these DUI checkpoints is to provide information and educate the community as to the dangers of driving while under the influence. The vast majority of these checkpoints do not result in numerous DUI arrests, but they do give law enforcement the opportunity to promote their DUI programs to hundreds of motorists who may otherwise not be completely aware of the program and benefits of the program.
So yes, you can find an alternate way home and avoid the checkpoint, but you might want to take a second look at yourself and realize that you might have a problem and that problem can affect many more lives that just yours.
So next time you see ‘DUI Checkpoint Ahead’, make sure your seatbelt is secured, your not talking or texting on your phone and prepare for a comforting conversation with those that care about you. Now go out and enjoy the ride.
Monty Hight is a retired California Highway Patrol officer and Public Information Officer. He is the North State AVOID Campaign’s Public Information Officer. He lives in Redding. More information on AVOID can be found here.
