Question: What should I do when approaching a sobriety checkpoint? Do I have the option to turn around?
Answer: Yes. The courts have deemed that they’re inherently unconstitutional, a checkpoint. So, there’s certain aspects that the officer needs to comply with that will, or that the police agency needs to comply with in order for it to be deemed a constitutional stop. The first one is that they have to notify you that there’s a checkpoint ahead, and there has to be a point of egress between that notice and the actual checkpoint itself. So there should be, whether obvious or not, a point of egress—and you can absolutely, as long as it’s a legal turn, turn off the road and turn back, or if it’s legal to do a U-turn, you’re allowed to turn and they cannot pursue you. So, yes, when you’re approaching a checkpoint, if you do not feel like going through it, you do not need to.
Now, that being said, if you are going through a checkpoint and you don’t see a point of egress, you do not need to actually even roll down your window. The officer is going to be holding a pamphlet that he’s going to try and give you, and he’s going to stick his face in your car. You can just wave to him that you’re not going to go, and he has to wave you through. He cannot force you to pull over. So you can actually decline to take the paperwork from him and roll down your window.