Pennsylvania does allow the police to use DUI checkpoints. This is different than a traditional traffic stop. Typically, the police will inform the public about where they want to set up the checkpoint and how long it’s going to run. Once they do this, they have the legal authority to stop all of the drivers who go through that checkpoint.
This certainly doesn’t mean that all of those drivers will be arrested or even questioned. But it still forces you to interact with the police, so you may be wondering if it’s legal for you to avoid the checkpoint. Can you just take another road and drive around it so that you don’t have to talk to the officers?
All driving maneuvers must be legal
You can avoid the checkpoint, but the key is to focus on making legal driving maneuvers while you do so. Once you break the law, even in a relatively minor way, it gives the police reasonable suspicion to stop your car.
For instance, say that you see the checkpoint half a mile down the road. At the next right turn, you put on your blinker and make a legal turn. You decide to take side roads around the DUI checkpoint. The police cannot stop you simply for using a different road.
But you could get pulled over if you violate the rules of the road. Say that you pull to the side of the road and execute a U-turn in the middle of the street. You want to drive in the other direction, away from the checkpoint. However, this is going to make you look guilty to the officers and they will have reasonable suspicion to stop your car because of the illegal U-turn.
Your defense options
If you do find yourself facing charges, perhaps after going through a DUI checkpoint, be sure you understand all of the defense options at your disposal.