Important Advice for New Jersey Drivers

🚫   DUI checkpoints are meant to get drunk drivers off the road

🚫   The checkpoints have been ruled constitutional

🚫   Avoiding the checkpoints is legal under certain circumstances

Tis the season for holiday parties and family gatherings.

If you’ve had a few adult beverages, you should never drive.

Legal implications of drunk driving aside, drunk drivers are responsible for too many deaths on New Jersey roads each year.

You don’t believe it can happen to you until it does.

Many folks don’t like the inconvenience of stopping at a police checkpoint.

Even those who haven’t been drinking.

Are the checkpoints avoidable?

Can you be arrested for avoiding a police checkpoint?

The short answer is: it depends.

Imagine you're driving down the road when you spot flashing red and blue lights ahead.

You notice a line of cars and a large orange sign announcing a police checkpoint.

You’re completely sober but feeling tired, and all you want is to get home. You consider making a U-turn to take another route.

Here’s what you need to know.

Are DUI/DWI Checkpoints Legal in New Jersey?

Yes, police checkpoints are constitutional in New Jersey, however, there are strict guidelines for law enforcement:

• Random stops: Police cannot target specific vehicles; the selection must be random.
• Advance notice: Checkpoints must be announced to the public beforehand.
• Clear signage and lighting: Drivers must be given ample warning of the checkpoint’s location.

While they might feel like an inconvenience, these checkpoints are designed to keep intoxicated drivers off the road, making our streets safer for everyone.

What to Expect at a Checkpoint:

If you’ve never encountered a DUI checkpoint, here’s how it typically works:

1. Stay calm: Even sober drivers can feel nervous, and police officers are trained to recognize this.
2. Be polite and cooperative: Rudeness or resistance can prolong the process. A courteous approach often leads to a quicker interaction.
3. Have your credentials ready: You’ll be asked for your license, registration, and proof of insurance.
4. Officer observations: The officer will look for signs of impairment, such as slurred speech or the smell of alcohol.
5. Field sobriety tests: If impairment is suspected, you may be asked to exit your vehicle and perform sobriety tests.
6. Breathalyzer tests: Under New Jersey’s implied consent law, refusing a breathalyzer test is treated as a failed test and comes with penalties, including license suspension.

What Happens if You Turn to Avoid a Checkpoint?

Legally avoiding a checkpoint is permitted, but only if you follow traffic laws. For example:

• Making a legal turn onto another street is allowed.
• Performing an illegal U-turn or other traffic violations to avoid the checkpoint is not. This could result in being pulled over and facing additional charges, including suspicion of DUI.

Bottom Line for Drivers

If you haven’t been drinking, a DUI checkpoint is typically a brief and straightforward process.

Keep your documents handy, remain polite, and you’ll likely be on your way quickly.

The goal of these checkpoints is to save lives.