Most people get nervous when they are stopped at a DUI checkpoint. And this is understandable. Even if you are sober, you just cannot predict what is about to happen. You may have an open bottle in your car that you do not plan to drink while driving, but this can still lead to your arrest under Arizona’s open container violation law.
For this reason, you may be tempted to ignore the checkpoint or try to turn around and head in another direction. Is this ever a good idea?
DUI checkpoints are legal in Arizona
Law enforcement has a duty to ensure public safety. Thus, if they have reason to believe that you are drunk driving, they will stop you for investigation and possible prosecution. And this is where a DUI checkpoint comes in.
Do you have to stop at a DUI checkpoint?
Like it or not, running through a lawful DUI checkpoint will land you in trouble. You may be charged with evading the police if you refuse to stop – and that charge would be on top of any associated with drunk driving or an open container.
If you see the checkpoint ahead, you do have the option to simply turn away before you get there. However, you need to make sure that you obey all traffic laws in the process. Otherwise, you’ll only give the police justification to stop you and conduct an investigation, anyhow.
You can be charged with evading or eluding the police if you bypass a DUI checkpoint. If you are charged with ignoring a DUI checkpoint, you need to explore your defense options.