Driving under the influence (DUI) after a shot or two of alcohol is not illegal, but for your safety, it is best to consider your capability to drive and the possible consequences if a police officer asks you to pull over.
Weighing whether to drive home or just stay for the night requires careful thought, but knowing whether you can turn away from an OUI (operating under the influence) or DUI checkpoint can play a role in your decision making.
Is it legal to drive away from an OUI/DUI checkpoint?
If you have decided not to pass through it, you can legally turn away from a checkpoint, but you should do so before reaching that point and without violating any traffic laws. Actions such as illegally making a U-turn, speeding or improperly changing lanes can give the police officers a reason to stop you, aside from the checkpoint itself.
For example, if you decide to drive away and you calmly turn right at an intersection, it is a legal move. But if you cut across lanes to avoid the checkpoint, you may attract the attention of the police officers.
Every state has varying DUI laws. In Massachusetts, they refer to DUI as OUI but you can use both interchangeably. OUI/DUI checkpoints are legal as long as the police follow the guidelines, including using neutral stopping methods, publicizing checkpoint sites in advance and maintaining non-coercive stops.
Do you need to stop at an OUI/DUI checkpoint?
During a checkpoint, the police have the right to stop your vehicle and you need to comply. They will ask you brief questions and observe for any signs of impairment. Then they will likely run breath and field sobriety tests.
While you may decline these tests, doing so may lead to automatic license suspensions. The same applies with chemical tests to check your Blood Alcohol Concentration (BAC). In Massachusetts, refusal to participate can trigger penalties such as confiscation and suspension of the license, vehicle impoundment for 12 hours and notification of the Massachusetts RMV (Registry of Motor Vehicles).
What to know after an OUI/DUI checkpoint encounter
Turning away from an OUI/DUI checkpoint can incur legal consequences, which is why the safest option is to sleep the night away rather than drive home. If the police arrest you, penalties and fines might affect your travel and work routines. Knowing how these encounters work within the broader context of criminal law can help you be cautious in deciding how to respond when situations like these arise.