So-called “sobriety” checkpoints have just one purpose: to identify impaired drivers and put them under arrest for driving under the influence (DUI) of drugs or alcohol.
While not legal in every state, they are considered legal in Mississippi, so long as they are well-publicized, follow a “neutral” formula when determining which vehicles will be stopped and are clearly marked with warning signs.
Since you can see a DUI checkpoint before you get there, that begs the question, “Can you simply turn away?”
You can – but use caution
Yes, you have the right to turn your car around and drive away without going through a sobriety checkpoint – but you want to proceed carefully. Don’t make any illegal U-turns or other traffic mistakes, or the police can and will pursue you. At that point, you’ll no longer be a “random” stop, and you’ll definitely have their full attention.
What if you choose to proceed? In that case, remember the following tips:
- You are not required to answer questions about where you have been or what you have been doing. Those are generally designed to elicit clues that might indicate you’ve been drinking, so only provide your identifying information.
- You are not required to allow the police to search your vehicle. If you are asked if you mind if the officer “looks around” your vehicle, clearly state that you do not consent to a search.
- You are not legally required to participate in standardized roadside sobriety testing, such as the walk-and-turn test, and you should not do so. Those are highly subjective in nature and designed to give the officer justification for further investigation.
If your encounter with the police turns into an arrest, stay calm and stay focused. Do not attempt to talk your way out of the situation since that only increases the possibility that you’ll say or do something that will be self-incriminating. Invoke your right to remain silent until you can explore the defense options.