Can You Drive Around Or Avoid A DUI Checkpoint in Illinois?

If you’re approaching a DUI checkpoint in Illinois and your immediate reaction is to turn around or take a side street, you’re not alone. Many drivers feel nervous when confronted with a sobriety checkpoint — even if they haven’t been drinking. But is it legal to avoid a DUI checkpoint in Illinois? And if you do, can police pull you over just for that?

The short answer: Yes, you can legally avoid a DUI checkpoint — but only if you don’t break any traffic laws in the process.

Let’s take a deeper look at what Illinois law says about DUI checkpoints and how to handle yourself if you find yourself near one.

DUI Checkpoints Are Legal in Illinois

Under both state and federal law, DUI checkpoints (also known as sobriety checkpoints or roadblocks) are considered legal in Illinois. They are used by law enforcement as a tool to detect and deter impaired drivers, especially during holiday weekends and other times when DUI incidents tend to spike.

However, these checkpoints must follow strict constitutional guidelines. That includes advance public notice, clearly marked signage, a predetermined method of stopping vehicles (e.g., every third car), and minimal intrusion on drivers who are not impaired.

Just because DUI checkpoints are legal doesn’t mean you have to drive through one if you don’t want to.

Avoiding a DUI Checkpoint Isn’t Illegal — But Be Careful

Illinois drivers have the legal right to avoid a DUI checkpoint. If you see signs or flashing lights ahead and realize a checkpoint is coming up, you are not required to proceed through it. You can make a legal turn or reroute your vehicle to avoid entering the checkpoint.

However, you must follow all traffic laws when doing so. That means:

• No illegal U-turns
• No running stop signs or red lights
• No improper lane changes
• No driving recklessly

If you make a sudden or illegal maneuver to avoid a checkpoint, law enforcement has the right to pull you over for that traffic violation. And once you’re stopped, they can begin asking questions and looking for signs of impairment — just as they would at the checkpoint itself.

What Officers Are Looking For If You Turn Around

Officers stationed near DUI checkpoints often monitor for vehicles attempting to avoid the checkpoint. If you turn away legally and calmly, you’re unlikely to draw attention. But if you swerve, make a sharp or unlawful turn, or appear to be fleeing, that may raise suspicion and lead to a traffic stop.

Once you’re pulled over, anything the officer observes — such as slurred speech, glassy eyes, or the smell of alcohol — can become part of their investigation. You could be asked to perform field sobriety tests or submit to a breath test.

In short, while avoiding a checkpoint is allowed, drawing attention to yourself with erratic driving will likely get you stopped anyway.

What To Do If You’re Pulled Over After Avoiding a Checkpoint

If you’re stopped after avoiding a checkpoint, stay calm and follow the standard rules for any police encounter:

• Provide your license, insurance, and registration
• Keep your hands visible
• Don’t argue or act aggressively

If you’re asked whether you’ve been drinking, you have the right to politely decline to answer. You can say, “I prefer not to answer any questions.” You are not required to submit to field sobriety tests, and the portable breath test (PBT) at the scene is voluntary.

If you’re arrested and taken to the station, you may be asked to submit to a chemical breath test. Refusing that test can result in a license suspension under Illinois’ implied consent law, even if you are not ultimately charged or convicted.

What If You Were Arrested After Avoiding a DUI Checkpoint?

Being arrested after avoiding a DUI checkpoint does not automatically mean you’re guilty. Your attorney will evaluate:

• Whether your traffic stop was based on a lawful violation
• Whether there was probable cause to investigate you further
• Whether your rights were violated during the stop or arrest

If the officer had no legal reason to stop you — or if they failed to follow correct procedures — your defense attorney may be able to challenge the stop and move to suppress any evidence obtained as a result.

How a DUI Defense Lawyer Can Help

If you were stopped or arrested after avoiding a DUI checkpoint, an experienced DUI defense lawyer can assess the entire situation. From the initial checkpoint setup to the traffic stop and field testing, there are many parts of the process that can be challenged in court.

Your attorney can:

• Review dash cam and body cam footage
• Examine whether the checkpoint followed legal guidelines
• Challenge the reason for your traffic stop
• File motions to suppress evidence obtained illegally
• Negotiate for reduced charges or dismissal if evidence is weak

DUI charges are serious, but you have rights — and a defense strategy may exist even if things feel stacked against you.

Call The Law Offices of David L. Freidberg if You Were Stopped or Arrested Near a DUI Checkpoint

If you were pulled over or arrested after trying to avoid a DUI checkpoint in Chicago or the surrounding counties, don’t face the consequences alone. The Law Offices of David L. Freidberg has decades of experience defending DUI cases and knows how to challenge the legality of checkpoints and traffic stops.

We’re available 24/7 to provide immediate legal help. Contact us at (312) 560-7100 or toll-free at (800) 803-1442 to schedule your free consultation. We defend clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County.