Can Avoiding Police Checkpoints in NJ Land You in Jail?

As we approach another holiday weekend, it's worthwhile to take a moment and review something that many people ask,

Can I be arrested if I try to avoid a police checkpoint?

The easiest way to respond to that question is, it depends.

Okay, so let's say you're driving down the street, and you notice the glow of flashing red and blue lights up ahead.

Then you notice a line of vehicles ahead of you, and a big orange sign announcing a police checkpoint.

You're sober but tired.  You want to go home, so you decide to make a U-turn in the middle of the road and take a different route home.

Are DUI/DWI Checkpoints Constitutional?

Ask someone about police checkpoints, and most of the time, the person you ask will question their constitutionality of them.

You did nothing wrong, why should you be stopped?

In New Jersey, police checkpoints have been ruled constitutional, albeit with strict rules about how they are carried out.

Those rules are,

• Police must randomly select which cars are stopped.
• The Checkpoints must be announced ahead of time.
• There must be signage and lights.

Let's be honest, even if they're inconvenient, don't we want to get intoxicated drivers off the road?

What Happens When You're Topped at DUI/DWI Checkpoint

If you've never encountered one of these checkpoints, here's what to expect.

First, you're going to be nervous, even if you've done nothing wrong.  It's a common reaction and the police officers know that.

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Second, the ruder you get, the longer the process can take.  Be courteous, answer the questions, and there's a good chance you'll be waved right through.

You'll be asked for your credentials and the officer will observe for signs of impairment.  This may include slurred speech, or perhaps the odor of alcohol.

If the officer suspects you're impaired, you may be asked to step out of your car and perform several tasks to test your sobriety.

You may even be asked to submit to a breathalyzer test.

New Jersey has an implied consent law that means if you refuse to take the test, that is considered a failed test and you'll be penalized.

What if I Just do a U-Turn and Avoid the Whole Thing?

What if you decide to swing a U-turn before reaching the checkpoint?

According to various attorneys, you do not have to proceed to the checkpoint if you have an opportunity to turn onto another street legally.  The key word is legal.

If you make an illegal U-Turn, or another illegal maneuver to avoid the checkpoint, you can be pulled over and faced with traffic violations in addition to suspicion of DUI.

Truthfully, if you haven't been drinking, the checkpoint shouldn't be a big deal.  Have your credentials ready, and the process will be painless.