Summer is Here and So Are DUI Checkpoints
Nationwide, 75 percent of states permit DUI checkpoints. Therefore, it is important to understand your rights and how to evade checkpoints if necessary. In addition, you have the right to record your interactions at these checkpoints should you encounter one this summer.
How to Search for a DUI Checkpoint Near You
If you go online and search for your local DUI checkpoint website, or in some cases a checkpoint app, you will find information stating where and when a DUI checkpoint will be operational. It is common for a DUI checkpoint to be set up on one road at a particular time, and then to have it subsequently move miles away the next night—checkpoints are rarely set up in the same place, at the same time, multiple nights in a row.
On holiday weekends, it is common for a sobriety checkpoint to be moved numerous times on the same night, as potentially drunk drivers extend their night of celebration.
Is it Legal to Avoid DUI Checkpoints?
The Third District Court of Illinois ruled that it is legal for a driver to avoid a roadblock. In some cases, drivers approaching a roadblock mistake the block for an accident and make a legal U-turn to avoid a delay. Historically, police offices alleged that a motorist attempting to avoid a checkpoint created enough reasonable suspicion to conduct a traffic stop. However, recent court rulings have challenged that policy.
In People v. Timmsen, the appellate court held that law enforcement lacked the required reasonable suspicion to execute a traffic stop on a driver after making a legal U-turn before reaching the entrance of a checkpoint. The court ultimately held that it was lawful for a driver to make a legal maneuver on the road to avoid contact with the police to avoid a DUI checkpoint.
Actions That Can Lead to a Legal Traffic Stop
The same court case referenced above laid out three examples of actions a motorist could make that would give police the necessary reasonable suspicion to make a traffic stop. Examples include the following:
- Drivers who fail to stop a roadblock;
- Drivers who change seats with their passengers before approaching a roadblock; and
- Drivers who avoid the roadblock in an otherwise suspicious fashion.
Saint Charles DUI Defense
A DUI conviction can cause severe and extensive consequences. Even an arrest on suspicion of DUI is a weighty allegation. These are not the types of criminal matters you want to address without the guidance of a proven and experienced Naperville DUI defense attorney. Contact our office at 630-232-1780 or visit us at www.dui-criminal-lawyers.com to schedule your initial consultation.