Police officers can use multiple tools to identify impaired motorists. Targeted traffic stops can be very effective in certain scenarios, but there simply are not enough police officers to catch every drunk driver on the road.
Mass enforcement efforts create opportunities to screen more drivers and better enforce the law. Unfortunately, they also create opportunities for civil rights violations. The Supreme Court of the United States ruled decades ago that sobriety checkpoints, also known as driving under the influence (DUI) roadblocks, are potentially lawful tools for police departments to use.
Can drivers who spot a checkpoint ahead make an effort to avoid the checkpoint legally?
Drivers can always reroute
People on the road generally have control over where they travel, as well as when they drive and what route they take. Law enforcement professionals cannot compel people to travel through a sobriety roadblock. In fact, the state courts have previously found that providing drivers with an opportunity to avoid a checkpoint is appropriate.
As such, police departments in North Dakota generally place signage on the road ahead of the checkpoint advising motorists of the enforcement zone ahead. So long as drivers can turn around or reroute without violating traffic statutes, they can choose to bypass a sobriety checkpoint without putting themselves at risk of arrest or even a one-on-one traffic stop.
Learning more about DUI laws and law enforcement policies can be beneficial for drivers who want to fight their pending charges. Even after a checkpoint arrest, a driver accused of a DUI offense may have options for defending against those allegations. Those who know their rights and partner with a criminal defense lawyer can work to reduce the harm caused by a checkpoint arrest.