Can I refuse a DUI checkpoint?

DUI checkpoints are legal in California.  The police are required to follow certain procedures when conducting these checkpoints, such as stopping every fourth vehicle, in order to comply with the law.  Providing that the DUI checkpoint itself is legal, then you cannot refuse to stop at a DUI checkpoint.  If you are passing through a checkpoint and a law enforcement officer stops your vehicle, then you must stop your vehicle.  If you fail to do so, you could face serious penalties.

Importantly, you are allowed avoid DUI checkpoints.  The police are required to announce when and where these checkpoints will be ahead of time.  You can plan ahead and simply not drive where these checkpoints will be set up.  Alternatively, if you see a checkpoint, you can turn away from it.  Doing so has its own risks, however — if you make an illegal u-turn or other traffic violation while avoiding the checkpoint, you could be pulled over by the police.  That is why it is often better to learn where the checkpoints will be if you want to avoid going through one.

 

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